Citation Nr: 21040896
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 17-24 353
DATE: July 7, 2021

ORDER

The appeal of eligibility for assistance in acquiring specially adapted housing is dismissed.  

The appeal of eligibility for a special home adaptation grant is dismissed.  

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw all issues 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

WITHDRAWAL

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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202, 20.204, 20.205.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. § 19.55.

VA Form 27-0820 documents phone contact between the Veteran and VA.  The Veteran contacted Public Contact to inquire as to the subject matter of the scheduled hearing.  VA communicated that the hearing was for the issues on appeal (SAH and SHA claims).  The Veteran then stated he understands that he is not eligible for this and how he wished to withdraw his hearing.  Later that day, on April 26, 2021, the Veteran submitted written notification to VA requesting not only to withdraw his hearing request but requesting a withdrawal of all issues on appeal.  See April 26, 2021 correspondence.  Hence, there remains no allegations of error of fact or law for appellate consideration

Accordingly, the Board does not have jurisdiction to review the issues on appeal, and they are 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.