Citation Nr: 21011032
Decision Date: 02/26/21	Archive Date: 02/26/21

DOCKET NO. 17-53 894
DATE: February 26, 2021

ORDER

The appeal with respect to entitlement to non-service-connected pension benefits prior to July 1, 2017 is dismissed.

FINDING OF FACT

In a written statement received in January 2020, prior to the promulgation of a Board decision on the matter, the Veteran asked that the present appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from February 1965 to February 1968.  His decorations include the Marksman (Pistol) Badge, the Sharpshooter (Rifle) Badge, and the National Defense Service Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2017 determination issued by a Department of Veterans Affairs (VA) Regional Office (RO), which denied entitlement to non-service-connected pension benefits.  In October 2017, while the appeal was pending, the RO granted pension benefits from July 1, 2017.

Entitlement to non-service-connected pension benefits 

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in an appeal.  38 C.F.R. § 19.55.  Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

In January 2020, prior to the promulgation of a Board decision, the Veteran submitted correspondence wherein he indicated that he wished to withdraw the present appeal.  The correspondence included his name and his VA file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn the appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board  

does not have jurisdiction to review the appeal, the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Ragheb, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.