Citation Nr: 20060457
Decision Date: 09/15/20	Archive Date: 09/15/20

DOCKET NO. 18-46 440
DATE: September 15, 2020

ORDER

The issue of entitlement to an increased evaluation for service-connected prostate cancer is dismissed without prejudice.

FINDING OF FACT

On July 9, 2020, prior to the promulgation of a decision in the appeal, the Board 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 have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1964 to July 1968.

In May 2019, the Veteran testified under oath before the undersigned Veteran’s Law Judge at a videoconference hearing.  A transcript of the hearing is of record.

In May 2019, the Board remanded the matter for further development.

Entitlement to an increased evaluation for service-connected prostate.

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. In the present case, the appellant’s written withdrawal was received in July 2020, and hence, there remain no allegations of errors of fact or law for appellate consideration.  The Board acknowledges that the Veteran’s representative submitted a post-remand brief in August 2020, but this was after the Veteran’s withdrawal was received.  A withdrawal is effective on the date that it is received.  38 C.F.R. § 19.55(b)(3).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.