Citation Nr: 20060709
Decision Date: 09/15/20	Archive Date: 09/15/20

DOCKET NO. 16-60 315
DATE: September 15, 2020

ORDER

The appeal of entitlement to service connection for a low back disability, service connection for a left knee disability, service connection for a right knee disability, and an initial compensable rating for a headache disability is dismissed.

FINDING OF FACT

On March 13, 2020, prior to the promulgation of a decision in this legacy system appeal, the Board received written notification from the appellant and his authorized representative that a withdrawal of all active appeals 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.

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter proceeds from a rating decision in June 2013. The Veteran initially requested a Board videoconference hearing, which was scheduled for May 2020. However, he withdrew his appeal prior to the scheduled hearing date.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision, and withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55 (2020) (legacy system). 

In the present case, the appellant and his authorized representative submitted a written statement in March 2020 indicating that he is satisfied with his ratings and wishes to withdraw all active appeals. Therefore, there remain no allegations of errors of fact or law for appellate consideration for the issues of entitlement to service connection for a low back disability, service connection for a left knee disability, service connection for a right knee disability, and an initial compensable rating for a headache disability. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Wheatley

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.