Citation Nr: 20079110
Decision Date: 12/15/20	Archive Date: 12/15/20

DOCKET NO. 13-33 554
DATE: December 15, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 20, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through his authorized representative, are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1985 to January 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board previously considered this matter and remanded for further development in October 2017, September 2018, and May 2020. 

The Veteran testified before the undersigned Veterans Law Judge at a video conference hearing in May 2017. A transcript of those proceedings is of record. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his authorized representative. 38 C.F.R. § 19.55. 

On November 20, 2020, the Veteran, through his authorized representative, withdrew his appeal of the issues of entitlement to a compensable rating for bilateral hearing loss prior to April 11, 2019, and for a rating in excess of 

20 percent from April 11, 2019. See 11/20/2020 Third Party Correspondence. 

Here, the Board finds that the Veteran’s statement, by and through his authorized representative, is explicit, unambiguous, as it clearly states what is to be done, and shows an understanding of the consequences. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Indeed, the appellant, through his authorized attorney representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 is dismissed.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Tremont, 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.