Citation Nr: 22010575
Decision Date: 02/24/22	Archive Date: 02/24/22

DOCKET NO. 17-37 028
DATE: February 24, 2022

ORDER

The appeal of the propriety of the award of apportionment of the Veteran's VA compensation benefits on behalf of his daughter, A.B., has been withdrawn.

FINDING OF FACT

On July 14, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, submitted a written communication requesting withdrawal of the appeal with respect to the issue of the propriety of the award of an apportionment of the Veteran's VA compensation benefits.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met with respect to the issue of the propriety of the award of an apportionment of the Veteran's VA compensation benefits. 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 September 1980 to September 1983 and from December 2003 to August 2006. The appellee is the mother and custodian of the Veteran's child, A.B.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a August 2016 decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

1. The appeal of the propriety of the award of apportionment of the Veteran's VA compensation benefits on behalf of his daughter, A.B.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 

In the present case, the Appellant perfected his appeal of the August 2016 grant of apportionment of the Veteran's VA compensation benefits. On July 14, 2021, the Appellant, through his representative, submitted written correspondence indicating a request to withdraw his appeal with respect to the issue of the propriety of the award of an apportionment of the Veteran's VA compensation benefits. This withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 19.55.

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Thus, the Board finds that there remain no allegations of errors of fact or law for appellate consideration at this time. Accordingly, the Board does not have jurisdiction to review the appeal, and the Appellant's appeal as to the issue of the propriety of the award of an apportionment of the Veteran's VA compensation benefits is dismissed.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gastoukian, Kelly

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.