Citation Nr: 20004098
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 16-39 252
DATE: January 16, 2020

ORDER

The appeal as to an effective date earlier than May 11, 2012 for the grant of service connection for tinnitus is dismissed.

FINDINGS OF FACT

In a July 2019 statement to VA, prior to the promulgation of a decision by the Board, the Veteran withdrew his appeal. 

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); 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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. Id. In the present case, the Veteran submitted a statement to VA, drafted by his representative, in which he withdrew “all pending claims and appeals.” Consequently, 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.

 

JEREMY J. OLSEN

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Becton, Associate 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.