Citation Nr: 20007723
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 16-09 836
DATE: January 30, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 9, 2019 and December 9, 2019 prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1966 to August 1968.  These matters come before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  In a January 2019 VA 21-4138 and December 2019 correspondence, he conveyed that he wished to cancel his hearing and was no longer interested in continuing his appeal.  Issues that were in appellate status at that time were service connection for dermatomyositis and interstitial lung disease.  Based on review of the record, the Board finds that the Veteran knowingly, explicitly, and unambiguously withdrew all claims in appellate status.  Indeed, in the December 2019 correspondence, the Veteran indicated he was responding to a November 2019 letter from VA asking if he wanted to continue his appeal.  He stated that he no longer had such interest.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.