Citation Nr: 21022069
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 15-12 117A
DATE: April 14, 2021

ORDER

The appeal for entitlement to mileage reimbursement for travel expenses to and from practicum location, under the provisions of Chapter 31, Title 38 of the United States Code, is dismissed.

FINDING OF FACT

At his January 2021 hearing, the Veteran informed the Board that he wished to withdraw his appeal regarding entitlement to mileage reimbursement for travel expenses to and from practicum location.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of entitlement to mileage reimbursement for travel expenses to and from practicum location have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In January 2021, the Veteran appeared before the undersigned at a hearing and requested withdrawal of his appeal of entitlement to mileage reimbursement for travel expenses to and from practicum location.  The Board finds this withdrawal was done with a full understanding of the consequences as the Veteran confirmed that he understood that he would need to file a new claim if he wished VA to address this issue in the future.  See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  Hence, there remain no allegations of errors of fact or law for appellate consideration as to this issue.  Accordingly, the Board does not have jurisdiction to review the issue, and it is dismissed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.