Citation Nr: 21042155
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-57 313
DATE: July 12, 2021

ORDER

The appeal as to validity of the debt in the amount of $6,395.02 that was created by an overpayment of Department of Veterans Affairs (VA) compensation benefits is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, the Board received a signed notification from the Veteran indicating her intent to withdraw the issue on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to validity of the debt in the amount of $6,395.02 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 October 1992 to April 1997 and from October 2001 to March 2007. 

The Board emphasizes that any appeal which fails to allege specific error of fact or law in the determination being appealed may be dismissed.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.

In April 2021, the Veteran submitted a signed statement that she wished to withdraw her appeal from the Board.  This statement clearly and unambiguously indicates her intent to withdrawal the issue on appeal.  The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim.  See Acree v. O'Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018).  Likewise, the Board has no basis to question the validity of the withdrawal or the Veteran's understanding of the consequences of withdrawing the appeal.  Cf. Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.