Citation Nr: 23023966
Decision Date: 04/26/23	Archive Date: 04/26/23

DOCKET NO. 15-27 573A
DATE: April 26, 2023

ORDER

The appeal filed by the appellant, as to entitlement to an apportionment of the Veteran's Department of Veterans Affairs (VA) compensation benefits, is dismissed.

FINDING OF FACT

On December 12, 2022, prior to the promulgation of a decision in the appeal, the Board received notification, from the appellant, that a withdrawal of her appeal as to entitlement to an apportionment of the Veteran's VA compensation benefits, is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to entitlement to an apportionment of the Veteran's VA compensation benefits, by the appellant, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1974 to July 1975.  In this matter, the appellant is the Veteran's spouse.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 decision issued by a Regional Office of VA, which denied an apportionment of the Veteran's VA compensation benefits to the appellant.  

In her August 2015, substantive appeal, VA Form 9, Appeal to Board of Veterans' Appeals which perfected her appeal as to entitlement to an apportionment of the Veteran's VA compensation benefits, the appellant requested a hearing before the Board.  However, as discussed below, in a December 12, 2022 Report of General Information, the appellant withdrew her hearing request as well as her appeal.  Moreover, no further action is required in terms of affording the Veteran the opportunity to report for a hearing, or any other due process deficiency, if such exists, given that this claim is being dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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, regarding the appeal as to entitlement to an apportionment of the Veteran's VA compensation benefits, the appellant has withdrawn her appeal.  Specifically, a December 12, 2022 Report of General Information, memorialized the appellant requested to withdraw her appeal.  The appellant stated that she wanted to withdraw the appeal, that did not have time to go through everything for the appeal, and that she and the Veteran were speaking now.  The December 12, 2022 Report of General Information also contained the Veteran's and the appellant's names as well the applicable VA file number.  The VA personnel who authored the December 12, 2022 Report of General Information, also checked a box acknowledging that she had informed the appellant that she was a VA employee authorized to receive or request information or statements that may result in a change of benefits, and that the primary purpose for gathering information or statement was to make an eligibility determination.  Hence, the December 12, 2022 Report of General Information is a valid withdrawal of the appellant's appeal as to entitlement to an apportionment of the Veteran's VA compensation benefits, and there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, as there is no justiciable case or controversy, the appeal filed by the appellant as to entitlement to an apportionment of the Veteran's VA compensation benefits is dismissed.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Espinoza, 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.