Citation Nr: 21021329
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 18-30 852
DATE: April 12, 2021

ORDER

The appeal as to the issue of whether the overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $16,623.91 was properly created is dismissed.

FINDING OF FACT

On September 29, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of a Substantive 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

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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.  The Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Bynum, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.