Citation Nr: 20009967
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 18-21 093
DATE: February 6, 2020

ORDER

Entitlement to service connection for asthma is dismissed.  

FINDING OF FACT

On January 7, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wishes to withdraw his appeal of the claim for entitlement to service connection for asthma.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal with respect to the Veteran’s claim for entitlement to service connection for asthma 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 in the United States Marine Corps from April 1988 to September 1988.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2017 rating decision.  In June 2019, the Board remanded this claim for additional development.  

In written correspondence received January 7, 2020, the Veteran notified the Board that he wishes to withdraw from appellate consideration the claim for entitlement to service connection for asthma.  

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(d)(5).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204(a).  Withdrawal may be made, in writing, by the appellant or by his authorized representative.  38 C.F.R. § 20.204(a), (b). 

In the present case, the Veteran has withdrawn his appeal and, hence, there remains no allegations of errors of fact or law for appellate consideration.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.

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.