Citation Nr: 18158802
Decision Date: 12/18/18	Archive Date: 12/17/18

DOCKET NO. 15-16 424
DATE:	December 18, 2018
ORDER
The appeal is dismissed.
FINDING OF FACT
On November 2, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, requesting withdrawal of the appeal.
CONCLUSION OF LAW
The criteria have been met for withdrawal of the claims of service connection for tension headaches, high blood pressure, and for withdrawal of the claim for a rating in excess of 10 percent for diabetes mellitus with erectile dysfunction.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. Withdrawal of a claim must be “explicit, unambiguous, and done with a full understanding of the consequences of such action.” See generally DeLisio v. Shinseki, 25 Vet. App. 45, 47 (2011).
In the present case, the Veteran, through his authorized representative, submitted a statement in November 2018 requesting to cancel the hearing and to withdraw all issues on appeal.  This statement complies with the requirements of Section 20.204(b). As the Board had not yet issued a decision concerning this claim upon receipt of the statement, the criteria are met for withdrawal of the appeal.  This statement is effective in withdrawing the appeal.
When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the pending appeal is the appropriate disposition. 38 U.S.C. § 7105(d). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.
 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Thompson, Associate Counsel