Citation Nr: 23023920
Decision Date: 04/25/23	Archive Date: 04/25/23

DOCKET NO. 18-36 374
DATE: April 25, 2023

ORDER

The appeal regarding the issue of entitlement to an earlier effective date prior to December 3, 2012, for adding dependent spouse is dismissed.

FINDING OF FACT

In a correspondence received by VA in March 2023, prior to the promulgation of a decision, the Veteran, through his representative, indicated that he wished to withdraw his appeal for entitlement to an earlier effective date prior to December 3, 2012, for adding his dependent spouse.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to an earlier effective date prior to December 3, 2012, for adding dependent spouse are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Marine Corps from July 1968 to February 1971.

In July 2018, the Veteran timely appealed a June 2018 Statement of the Case (SOC), to the Board of Veterans' Appeals (Board) by filing a VA Form 9 and requested a Board hearing at a local VA office. However, the Veteran through his representative, withdrew his request for a hearing in February 2023. See VA 21-4138 Statement In Support of Claim. Hence, it is deemed withdrawn.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 correspondence received by VA in February 2023 and March 2023, the Veteran through his representative stated that he wishes to withdraw his scheduled Board hearing and that he no longer wishes to pursue the issue pending before the Board, as it has been resolved. See February 2023 VA 21-4138 Statement In Support of Claim; See March 2023 Appellate Brief (VSO IHP; Post remand Brief; Attorney Brief). 

In indicating satisfaction with the effective date now assigned, the Board finds the Veteran's statement to be clear that he no longer wishes to pursue his appeal for entitlement to an earlier effective date prior to December 3, 2012, for adding dependent spouse. Accordingly, there remains no allegation of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the Veteran's appeal, and it is dismissed. 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Rogers, Nyella M. (she/her/hers)

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.