Citation Nr: 22008079
Decision Date: 02/11/22	Archive Date: 02/11/22

DOCKET NO. 18-21 991
DATE: February 11, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

At the January 2022 hearing, the Veteran clearly and unambiguously withdrew the appeal of the adjustment of her disability compensation award based on drill pay, with a full understanding of the consequences of such action.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55; Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from May 1980 to May 1987, and in the U.S. Army Reserve from March 2003 to May 2003, and January 2004 to June 2005.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 administrative decision of a Department of Veterans Affairs (VA) Regional Office (RO), which made an adjustment to her award of VA disability compensation based on drill pay.  

The Veteran testified at a hearing before the undersigned Veterans Law Judge in January 2022.  The Board's dismissal of the appeal is issued under VA's One Touch initiative.  A transcript of the hearing will be associated with the file at a later date.  

Appeal Withdrawal

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision.  38 C.F.R. § 19.55(a).  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran or the name of the claimant or appellant if other than the veteran, the applicable Department of Veterans Affairs (VA) file number, and a statement that the appeal is withdrawn.  38 C.F.R. § 19.55(b)(1).  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.  Id.  

A withdrawal received by the Board after the Board issues a final decision will not be effective.  38 C.F.R. § 19.55(b)(3).  

Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies  38 C.F.R. § 19.55(c).

A statement at a Board hearing qualifies as an effective claim withdrawal only where it is (1) explicit; (2) unambiguous; (3) and done with a full understanding of the consequences of such action on the part of the claimant.  Acree v. O'Rourke, 891 F.3d 1009, 1012 (Fed. Cir. 2018); Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 

Here, at the January 2022 hearing, the Veteran clearly and unambiguously stated that she wished to withdraw the appeal.  She expressed that she understood the consequences of the withdrawal, which the undersigned explained to her.  She stated that she understood and agreed with the accounting provided to her, and wished to withdraw the appeal.  Her representative was present at the hearing, which further supports the Board's finding that the Veteran's withdrawal of the appeal was done with a full understanding of the consequences of that action.  Accordingly, the Board finds that the criteria for withdrawal of the appeal are met.  See 38 C.F.R. § 19.55; Acree, 891 F.3d at 1012. 

As there remain no allegations of errors of fact or law respecting the issue on appeal, which has been withdrawn, the appeal is dismissed.  38 U.S.C. § 7105.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rutkin, 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.