Citation Nr: 20054548
Decision Date: 08/18/20	Archive Date: 08/18/20

DOCKET NO. 17-14 713
DATE: August 18, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In August 2020, prior to the promulgation of a decision in the appeal, the Veteran stated that she wanted to withdraw the appeal for the issue of entitlement to service connection for recurrent pneumonia and bronchitis.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for the issue of entitlement to service connection for recurrent pneumonia and bronchitis 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 April 2005 to June 2006 and from December 2009 to October 2010.  She also had a period of active duty for training (ACDUTRA) from October 1998 to March 1999.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision.

The Board remanded the case for further development in January 2019 and July 2019.  The case has since been returned to the Board for appellate review.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55(a).  Withdrawal may be made by the appellant or an authorized representative. Id.  

In August 2020, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement in which she indicated that she wanted to withdraw the appeal for the issue of entitlement to service connection for recurrent pneumonia and bronchitis.  Given that there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.