Citation Nr: A20008329
Decision Date: 05/13/20	Archive Date: 05/13/20

DOCKET NO. 191112-42852
DATE: May 13, 2020

ORDER

The appeal seeking entitlement to service connection for ankle injury, right is dismissed.

FINDING OF FACT

On April 14, 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 as to the claims for entitlement to service connection for ankle injury, right is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) 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 army from June 1968 to March 1971 and is a Veteran of the Vietnam War Era.  This appeal comes before the Board of Veterans' Appeals (Board) from an October 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The October 2019 rating decision denied entitlement to service connection for ankle injury, right, and the Veteran thereafter filed his Board appeal seeking direct review of his claim under the Appeals Modernization Act (AMA) in November 2019.

Entitlement to service connection for ankle injury, right

On April 14, 2020, the Veteran (or his or her authorized representative) submitted a statement requesting to withdraw his appeal for service connection for ankle injury, right.

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An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.