Citation Nr: 21029067
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 15-25 116
DATE: May 12, 2021

ORDER

The appeal for entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance or by being housebound is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202, 20.204, 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205.

The Veteran submitted VA Form 21-4138, Statement in Support of Claim, in April 2021, requesting a withdrawal of the issue on appeal, referencing the claim as stated in the March 2021 supplemental statement of the case.  See April 8, 2021 correspondence.  In the May 2021 Brief, the Veteran's representative provided staple template language, but highlighted the fact that the Veteran requested a withdrawal of the appeal.  Hence, there remains no allegations of error of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.