Citation Nr: 20005704
Decision Date: 01/23/20	Archive Date: 01/23/20

DOCKET NO. 18-20 849
DATE: January 23, 2020

ORDER

The appeal as to the claim for service connection for restless leg syndrome is dismissed.

FINDING OF FACT

In September 2019 and January 2020, prior to the promulgation of a decision in the appeal, the Veteran’s representative submitted documents requesting that the Veteran’s appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran’s authorized representative are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from September 1984 to September 2004.  

This appeal to the Board of Veterans’ Appeals (Board) arose from a September 2016 rating decision that, inter alia, denied service connection for a convulsive tic, claimed as restless leg syndrome.  The Veteran timely disagreed with, and perfected an appeal as to, the denial.

The Board notes that in his April 2018 substantive appeal (filed via a VA Form 9, Appeal to the Board of Veterans’ Appeals), the Veteran requested a Board hearing before a Veterans Law Judge in Washington, D.C.  However, as explained below, prior to the scheduling of the requested hearing, the Board received information that the Veteran wished to withdraw his appeal.  Accordingly, the Board hearing request is deemed withdrawn.

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  

Associated with the record is a statement dated in September 2019 wherein the Veteran’s authorized representative reported that the Veteran desired to withdraw his appeal with regard to restless leg syndrome.  In January 2020, the representative followed up with a Motion to Withdraw requesting dismissal of all pending appeals.   Given the withdrawal, 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 must be dismissed.

 

 

JACQUELINE E. MONROE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Neilson, 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.