Citation Nr: 21000601
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 13-34 622
DATE: January 5, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 15, 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 is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1964 to October 1964.  He also had periods of active duty for training and inactive duty training (INACDUTRA). 

In November 2017, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a videoconference hearing.  A transcript of that hearing is of record. 

This matter is again before the Board of Veterans’ Appeals (Board) following Board remands in January 2018 and January 2020. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.