Citation Nr: 21029219
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 18-49 492
DATE: May 13, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision, the appellant withdrew her appeal.

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 from December 1943 to May 1965. He died in June 2013 and the appellant is his surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from decision issued in October 2017 by a Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to accrued benefits. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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.  Id.  A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  38 C.F.R. § 19.55(b)(1); Hembree v. Wilkie, 33 Vet. App. 1 (2020).  

In April 2021, prior to the promulgation of a decision, the appellant withdrew her appeal pertaining to the above captioned issue. In this regard, such statement was in writing, authored by the appellant, included the correct file number, and explicitly identified the issue to be withdrawn. Therefore, 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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.