Citation Nr: 18151356
Decision Date: 11/20/18	Archive Date: 11/16/18

DOCKET NO. 15-17 373
DATE:	November 20, 2018
ORDER
The Veteran’s claim for entitlement to service connection for paranoid personality disorder (claimed as mental condition) is dismissed.
FINDING OF FACT
On November 5, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s authorized representative, that a withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1971 to August 1974 and from January 1977 to August 1979.  

Dismissal of Appeal
The Board of Veterans’ Appeals (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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204.  A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204(b)(1).  
On November 5, 2018 the Veteran’s representative stated that “[t]he Veteran withdraws his current appeal.  The Veteran forgot about this appeal and in the interim, he got service connected for anxiety disorder.”  See November 2018 VA Form 21-4138, Statement in Support of Claim.  The Veteran’s representative also indicated that the Veteran also wished to cancel his Board hearing.  Id.  
Withdrawal of an appeal is only effective where the withdrawal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  The Board finds that the withdrawal met the aforementioned, where the Veteran’s representative confirmed that he wished to withdraw his appeal and indicated that he “forgot about this appeal.”

 
Importantly, the withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 20.204(b)(3).  Therefore, the Veteran has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 
YVETTE R. WHITE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. Lilly, Associate Counsel