Citation Nr: 21027177
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 20-00 875
DATE: May 4, 2021

ORDER

Entitlement to an effective date earlier than October 1, 2005 for the addition of G. as a dependent spouse to the Veteran's award is dismissed. 

Entitlement to an effective date earlier than October 1, 2005 for the addition of Do. as a dependent child to the Veteran's award is dismissed. 

Entitlement to an effective date earlier than October 1, 2005 for the addition of De. as a dependent child to the Veteran's award is dismissed. 

Entitlement to an effective date earlier than October 1, 2005 for the addition of J. as a dependent child to the Veteran's award is dismissed. 

FINDING OF FACT

In April 2021, prior to the promulgation of a Board decision, the appellant withdrew the appeal as to the claims for entitlement to an earlier effective date for the addition of spouse and children as dependents.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from July 1983 to August 2005.  The Veteran died in February 2018.  See April 2018 Death Certificate.  The appellant is the Veteran's surviving spouse and has been properly substituted in this case.  See June 2018 Notification Letter. 

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In November 2017, the Veteran was notified that his spouse is eligible to remain on his award as a dependent but that his children are no longer eligible to be dependents on his VA compensation benefits as all of his children are over 23 years old.  In December 2017, the Veteran filed a Notice of Disagreement.  Shortly thereafter, the Veteran died in February 2018.  The Veteran's spouse was properly substituted in this case and filed a substantive appeal for the issues on appeal. 

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing.  38 C.F.R. §§ 20.202, 20.204(b).  Withdrawal may be made by the appellant or his/her authorized representative.  In this case, the appellant submitted a statement that she wished to withdraw the issues on appeal.  See April 2021 VA 21-4138 Statement in Support of Claim.  As the appellant has withdrawn her right to appeal in accordance with 38 C.F.R. § 20.204, the Board no longer has appellate jurisdiction over the issues and can take no further action on the matter.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Noh, 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.