13-28 782
13-28 782
| Board of Vet. App. | May 22, 2017Background
- Veteran served on active duty 1976–1978 and 1989–1990 and has used multiple surnames during service.
- Claim for entitlement to vocational rehabilitation services (Chapter 31, 38 U.S.C.) was before the VA Regional Office (Montgomery, AL) and appealed to the Board of Veterans' Appeals (BVA).
- Initial RO action dated June 2010; Board remanded in December 2015 for further development; a hearing was held in October 2016.
- In April 2017 the Veteran submitted a written statement expressly withdrawing the appeal as to entitlement to vocational rehabilitation services; the Veteran’s representative also confirmed withdrawal.
- Because the Veteran withdrew the issue, the Board found no allegations of error remained for appellate review and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Veteran is entitled to vocational rehabilitation services (Chapter 31) | Veteran initially appealed denial/request for services (contested entitlement) | VA/RO maintained the operative determination and participated in appellate process | Appeal dismissed: Veteran withdrew the issue before Board decision, so Board lacks jurisdiction to decide merits |
Key Cases Cited
- None — the decision does not cite any published cases with official reporter citations; it relies on statute and regulation (38 U.S.C. § 7105; 38 C.F.R. § 20.204) for the withdrawal/dismissal authority.