Citation Nr: 22047762
Decision Date: 08/23/22	Archive Date: 08/23/22

DOCKET NO. 19-06 373
DATE: August 23, 2022

ORDER

1. Entitlement to the addition of D.S. as a dependent child to the Veteran's Department of Veterans Affairs (VA) compensation award has been withdrawn and is dismissed. 

2. Entitlement to the addition of C.C. as a dependent child to the Veteran's VA compensation award has been withdrawn and is dismissed. 

FINDING OF FACT

On December 13, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his attorney, that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of the issue of D.S. as a dependent child to the Veteran's VA compensation award, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of the appeal of the issue of C.C. as a dependent child to the Veteran's VA compensation award, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran, who is the appellant, served on active duty from November 1982 to March 1983. 

This appeal to the Board arose from a December 2016 decision issued by the VA Regional Office (RO). 

The Board notes that the Veteran currently has separate legacy and Appeals Modernization Act appeal streams that will be addressed in separate Board appellate decisions.   

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55. In the present case, the Veteran, through his attorney, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. 

Here, the Veteran, through his attorney, notified the Board that he no longer wished to pursue his appeal as to the issues on appeal. The withdrawal is in writing and contains the Veteran's name, VA claims file number, and a statement indicating that the Veteran wished to withdraw his appeal. The Veteran's withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1).

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sarah Campbell, 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.