Citation Nr: 20022494
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 17-54 761
DATE: April 1, 2020

ORDER

The appeal is dismissed.  

 

FINDING OF FACT

In January 2020, prior to the promulgation of a Board decision, the Veteran withdrew the appeal.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been 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 July 1967 to February 1970.  

The case is on appeal from a July 2017 rating decision.

Service connection for a colon condition.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or the Veteran’s representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  

In January 2020, the Veteran’s representative submitted a statement.  In doing so, the Veteran’s representative stated, “Please cancel veterans appeal as he is 100 percent permanent and total based upon unemployability.”  

The Board finds that the Veteran’s withdrawal of the issue on appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  This was an express written statement made by the Veteran’s representative following the award of a total disability rating based on unemployability (TDIU) by rating decision in October 2018.  

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.  

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Taylor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.