Citation Nr: 20007347
Decision Date: 01/29/20	Archive Date: 01/28/20

DOCKET NO. 16-53 665A
DATE: January 29, 2020

ORDER

The appeal regarding service connection for fibromyalgia is dismissed.

FINDING OF FACT

On May 30, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal as to the claim for service connection for fibromyalgia.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for service connection for fibromyalgia have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for fibromyalgia.

The Veteran has since requested a withdrawal of all “outstanding claims, appeals, and hearings.”  See May 2019 statement.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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In the present case, the appellant has withdrawn the claim on appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Strickland

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.