Citation Nr: 22012012
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 18-34 645
DATE: March 2, 2022

ORDER

Entitlement to accrued benefits is dismissed.

FINDING OF FACT

On November 17, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant's then authorized representative that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Appellant and her then authorized representative have been bet.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 decision.  In written communication received on November 17, 2021, noted as having been copied to the Appellant, the authorized representative submitted a motion to withdraw as counsel.  The Appellant acknowledged receipt of the withdrawal in a statement dated the same day and indicated she was in agreeance.  As detailed below, there is no longer any appeal pending. Therefore, the requirement to show good cause under 38 C.F.R. § 20.6 is not applicable, and the representative's motion to withdraw as counsel is hereby granted.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 her authorized representative.  Id.  In the present case, the Appellant has withdrawn the claim of entitlement to accrued benefits.  The withdrawal was in writing, included the name of the Appellant, the applicable VA file number, and a statement that the appeal is withdrawn.  38 C.F.R. §§ 19.55(b)(1).  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the appeal is dismissed.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.