Citation Nr: 23016751 Decision Date: 03/18/23 Archive Date: 03/18/23 DOCKET NO. 18-28 318A DATE: March 18, 2023 ORDER Entitlement to an effective date prior to November 9, 2016 for the award of dependency benefits for the Veteran's spouse, having been withdrawn by the Veteran, is dismissed. Entitlement to an effective date prior to November 9, 2016 for the award of dependency benefits for the Veteran's stepchild, having been withdrawn by the Veteran, is dismissed. FINDING OF FACT On June 22, 2018 and on March 14, 2019, prior to the promulgation of a decision in the instant appeal, the Board of Veterans' Appeals (Board) was informed, in writing by the Veteran, that the earlier effective date issues were no longer being pursued on appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of an effective date prior to November 9, 2016 for the award of dependency benefits for the Veteran's spouse have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of an effective date prior to November 9, 2016 for the award of dependency benefits for the Veteran's stepchild have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran, who is the appellant, had active service from July 1975 to July 1978, and from October 1980 to December 1985. This matter came before the Board on appeal from a November 2016 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. 1. An Earlier Effective Date for Dependency Benefits for the Veteran's Spouse is Withdrawn 2. An Earlier Effective Date for Dependency Benefits for the Veteran's Stepchild is Withdrawn The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. At the outset the Board will review the complex procedural history of the instant matter. In September 2016, the Veteran was sent a letter informing that a special review of the claims file was being conducted because VA had received informa-tion that the Veteran was no longer married to his former spouse. In a subsequent October 2016 VA Form 21-4138, Statement in Support of Claim, the Veteran acknowledged divorcing his prior spouse in February 2014, and subsequently marrying his current spouse in July 2014. The Veteran reported having sent such information to VA in July 2014. In November 2016, VA informed the Veteran that the prior spouse was being removed from his benefits, and that he was now being paid as a single veteran with no dependents. Less than a week later, the Veteran submitted a VA Form 21-686c, Declaration of Status of Dependents, asking to have his current spouse and stepchild added as dependents. Also in November 2016, VA sent the Veteran a letter informing that he had been overpaid $5,161.85 in benefits, and that VA intended to withhold benefits to recoup that amount. A decision letter concerning overpayment was subsequently sent to the Veteran in November 2016. In March 2017, the Veteran submitted a notice of disagreement (NOD) disputing the debt. Specifically, the Veteran argued that the amount of debt was too high, as he had attempted to inform VA about his new marriage in July 2014, so he was only overpaid for the months of February 2014 through July 2014, rather than through November 2016. VA issued a statement of the case (SOC) in May 2018. Per the SOC, the RO interpreted the issues on appeal as entitlement to earlier effective dates for the grant of dependency benefits for the Veteran's new wife and stepdaughter. On June 5, 2018, VA received a VA Form 9 from the Veteran perfecting the appeal. The Veteran requested a hearing before the Board at that time. Just over a week later, on June 14, 2018, VA issued a Decision on Waiver of Indebtedness. Per the decision, VA noted that it had thus far recouped $2,304 from the Veteran. Based upon the Veteran's assertions that he had attempted to inform VA about his change of circumstances in July 2014, VA waived the remaining debt in the amount of $2,857.85. Subsequently, on June 22, 2018, the Veteran submitted a new Statement in Support of Claim stating that, "I am satisfied with the partial waiver and consider my appeal resolved." Despite the Veteran's withdrawal of the instant appeal in June 2018, in March 2019 the RO issued a supplemental statement of the case (SSOC) concerning the issues on appeal. Further, the Veteran was sent a letter discussing his options for a hearing before the Board as requested in the June 2018 VA Form 9. A new Statement in Support of Claim was received in March 2019. Per the statement, the Veteran noted that he received the March 2019 hearing letter, which was in reference to the VA Form 9 filed in June 2018. The Veteran conveyed that a resolution regarding the debt management/overpayment issue had been reached, that he no longer needed to continue his appeal, and that he wished to withdraw the appeal. While the procedure and framing of the issues in the instant matter is a bit complicated (an overpayment issue intertwined with a dependency benefits effective date issue), per the Mach 2019 Statement in Support of Claim, the Veteran was clear in his desire to withdraw the appeal related to the June 2018 VA Form 9. In other words, the Veteran expressed his desire to withdraw the instant matter, stating as the reason that the issues on appeal had been satisfactorily resolved. As the Veteran has withdrawn the appeal regarding the issues of an effective date prior to November 9, 2016 for the award of dependency benefits for the Veteran's spouse and stepchild, the only issues on appeal, there remain no allegations of errors of fact or law for appellate consideration. As the Board does not have jurisdiction to review the appeal, the appeal will be dismissed. J. PARKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Blowers, Eric 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.