Citation Nr: 20009822
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 18-11 992
DATE: February 6, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In 2018, prior to the promulgation of a decision in the appeal, the Veteran indicated during a phone call that he wanted to withdraw his appeal.  In December 2019, the Board received written correspondence from the Veteran and his representative withdrawing the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his representative 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 February 1976 to September 1995.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In that decision, the RO denied entitlement to increased evaluations for degenerative joint disease of the right and left knees.

Law and Analysis

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Withdrawal of an appeal will be deemed a withdrawal of the notice of disagreement and, if filed, the substantive appeal, as to all issues to which the withdrawal applies. 38 C.F.R. § 20.205.

In this case, the Veteran indicated during a phone call in August 2018 that he wanted to withdraw his appeal.  In November 2019, the Board sent a letter to the Veteran informing him that a withdrawal must be done in writing.  In December 2019, the Board received written correspondence from the Veteran and his representative withdrawing the appeal.  Thus, there remains no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues, and the appeal is dismissed.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.