Citation Nr: 20042845
Decision Date: 06/24/20	Archive Date: 06/24/20

DOCKET NO. 17-10 177
DATE: June 24, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On March 13, 2020, prior to this appeal being transferred to the Board, the Agency of the Original Jurisdiction (AOJ) received notification from the appellant that a withdrawal of this appeal 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. §§ 19.55, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision or at any time before an appeal is transferred to the Board, if filed with the AOJ prior to that occurrence.  38 C.F.R. §§ 19.55, 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. §§ 19.55, 20.205.  In the present case, the appellant has withdrawn this appeal.  Hence, there remain no allegations of errors of fact or law for appellate consideration.

After the Veteran’s March 2020 withdrawal was received, the Veteran subsequently requested to “reinstate” his appeals.  He maintained that he had not understood that he was withdrawing his appeal.  However, at the time that the Veteran requested to “reinstate” his appeals, his withdrawal had already been effective for nearly two weeks.  A withdrawal is effective on the date that it is received. 38 U.S.C. § 7105(b), (d); 38 C.F.R. § 19.55(b)(3).  VA regulations do not contain a mechanism for reinstating withdrawn appeals after an effective withdrawal has been received.  The only option available is to file a new notice of disagreement (NOD), provided that the appeal period has not expired.  38 C.F.R. § 19.55(c).  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.