Citation Nr: 20007572 Decision Date: 01/29/20 Archive Date: 01/29/20 DOCKET NO. 16-61 866 DATE: January 29, 2020 ORDER The appeal with respect to whether new and material evidence has been received to reopen a previously denied claim for service connection for diabetes mellitus is dismissed. The appeal with respect to whether new and material evidence has been received to reopen a previously denied claim for service connection for a head injury is dismissed. The appeal with respect to entitlement to service connection for colon cancer is dismissed. The appeal with respect to entitlement to service connection for strokes is dismissed. The appeal with respect to entitlement to a rating in excess of 70 percent for major depressive disorder with generalized anxiety disorder is dismissed. FINDING OF FACT In a written statement received in December 2019, prior the promulgation of a Board decision on the matter, the Veteran’s representative asked that all of the pending appeals be withdrawn. CONCLUSION OF LAW The criteria for withdrawal of the appeal by the Veteran and/or his representative have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Air Force from April 1971 to May 1973. These matters come to the Board of Veterans’ Appeals (Board) on appeal from June 2015, January 2016, and August 2016 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office. In November 2016, the Veteran was awarded a total disability rating based on individual unemployability due to service-connected disability. In December 2019, the Veteran’s attorney wrote to “ advise” VA that he was withdrawing from representation. However, because the Veteran’s appeal had already been certified to Board, he could affect a withdrawal only by demonstrating good cause on motion filed with the Principal Deputy Vice Chairman of the Board. See 38 C.F.R. § 20.608(b)(2). To date, no such motion has been received. Accordingly, the Board will continue to recognize the attorney as the Veteran’s representative for purposes of the present appeal. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In December 2019, prior to the promulgation of a Board decision on the matter, VA received a written statement from the Veteran’s representative asking that all pending appeals before the Board be withdrawn. Hence, 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. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Oldroyd, 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.