Citation Nr: 20005345
Decision Date: 01/23/20	Archive Date: 01/22/20

DOCKET NO. 16-55 291
DATE: January 23, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In a January 2020 statement (VA Form 21-4138) that contains the appellant’s name and claim number, the appellant’s authorized representative requested to withdraw the appeal of the denial of service connection for the cause of the Veteran’s death, including the pending request for a hearing before the Board.  Indeed, as noted in that statement, service connection for the cause of the Veteran’s death was granted in the February 2017 rating decision.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration; therefore, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.