Citation Nr: 20007637
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 17-62 588
DATE: January 29, 2020

ORDER

The appeal as to the claim for service connection for tooth decay, to include entitlement to compensation under 38 U.S.C. § 1151, has been withdrawn.

FINDING OF FACT

In written correspondence received in January 2020, prior to the promulgation of a decision in the appeal, the Veteran, through his attorney, expressed his desire to withdraw his appeal with respect to the claim listed above.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the appellant (or his authorized representative) regarding the issue of entitlement to service connection for tooth decay, to include entitlement to compensation under 38 U.S.C. § 1151, have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1986 to May 1989.

Withdrawal and Dismissal

The Board of Veterans’ Appeals (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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative.  Id.

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In January 2020, prior to the promulgation of a Board decision with respect to this matter, the Veteran’s attorney submitted correspondence requesting that the Veteran’s appeal be withdrawn.  (In a separate letter, which the Board also received in January 2020, the Veteran’s attorney indicated that the Veteran wished to withdraw his Board hearing request, and asked for a 90-day extension to submit additional evidence.  The Veteran’s attorney later clarified that the Veteran did not desire an extension to submit additional evidence but simply wished to withdraw his appeal.)  Accordingly, the Board finds that the appeal with respect to the Veteran’s claim of entitlement to service connection for tooth decay, to include entitlement to compensation under 38 U.S.C. § 1151, has been withdrawn.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011) (holding that withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant).

As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claim listed above is dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Minot, 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.