Citation Nr: 21021140
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 16-01 412
DATE: April 9, 2021

ORDER

The appeal for entitlement to surviving spouse status for purposes of claiming Dependency and Indemnity Compensation (DIC)  is dismissed.

FINDING OF FACT

In October 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Appellant 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 National Guard from June 12007 to April 2008. The Appellant is the Veteran’s former wife. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 administrative decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 19.22, 19.55.

In a signed statement, received in October 2019 by the Board, the Appellant would like to withdraw her currently pending appeal. Her signed statement included her name and claim file number, satisfying the requirements of 38 C.F.R. § 19.55(b) for withdrawal.

There remain no allegations of error of fact or law for appellate consideration on this issue, and the Board does not have further jurisdiction. The appeal as to the claim for entitlement to DIC is dismissed.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Nolan, Shane D.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.