Citation Nr: 20007741
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 17-62 759
DATE: January 29, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 14, 2020, prior to the promulgation of a decision in the appeal, 

the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Army from July 1996 to April 2013. This matter is before the Board of Veterans’ Appeals (Board) on appeal from January 2016 (TDIU) and April 2017 (psychiatric rating) rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. On January 14, 2020, the Veteran, through his authorized representative, withdrew his appeals for a higher rating for major depressive disorder and entitlement to TDIU. Additionally, the Veteran wrote that he “consent[s] to the withdrawal, and [he] understand[s] the consequences of this decision.” His statement acknowledged that the withdrawal will end the appeals before VA.  Based on the foregoing, the Board finds these statements are explicit, unambiguous as they clearly state what is to be done, and show an understanding of the consequences.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 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	Garrett Morales, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.