Citation Nr: 21032118
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 17-29 875
DATE: May 25, 2021

ORDER

Entitlement to automobile and adaptive equipment or for adaptive equipment only is dismissed.

FINDING OF FACT

In January 2020, the Veteran's representative asked to cancel his hearing, noting that he was satisfied with his appeal.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to automobile and adaptive equipment or for adaptive equipment only have been met.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from February 1968 to February 1970, to include service in the Republic of Vietnam.  For his meritorious service, the Veteran was awarded (among other decorations) the Vietnam Service and Campaign Medals.

The appeal came to the Board of Veterans' Appeals (Board) from a March 2015 Rating Decision of a Department of Veterans Affairs (VA) Regional Office (RO) denying automobile and adaptive equipment or for adaptive equipment only.

The Veteran was scheduled for a hearing before the Board in January 2020. That month, the Veteran's representative submitted a statement noting that the Veteran wished to cancel his hearing, as the benefit sought had been granted and the Veteran was "currently satisfied with the grant."

The Veteran's appeal is governed by the legacy appeals system; accordingly, any request to withdraw his appeal must meet the standard outlined at 38 C.F.R. § 19.55.  The January 2020 letter from the Veteran's representative contains his name, his VA file number, and a clear statement that the Veteran is "satisfied" with issue on appeal before the Board.  This meets the criteria to be considered a valid withdrawal of a legacy appeal.  

To the extent there may be less than a full grant below, the Veteran has not identified any benefit that he continues to seek on appeal. 38 U.S.C. § 7105(d) (2016) (the Board of Veterans' Appeals may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed). As such, the appeal warrants dismissal, and such is ordered.  

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.