Citation Nr: 21000784
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 19-11 115
DATE: January 6, 2021

ORDER

The appeal seeking entitlement to an increased initial rating for service-connected kidney cancer, status post partial right upper pole nephrectomy is dismissed.

FINDING OF FACT

On November 27, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an increased initial rating claim for kidney cancer, status post partial right upper pole nephrectomy 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 March 1952 to March 1954.  

The Board emphasizes that any appeal which fails to allege specific error of fact or law in the determination being appealed may be dismissed.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. §19.55.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.  38 C.F.R. §19.55. 

In November 2020, the Veteran submitted a signed statement that he had received recent correspondence regarding the decision to grant one or more of his issues on appeal and that based on the decision rendered, he was satisfied and wanted to withdraw all remaining issues associated with this appeal.  This statement clearly and unambiguously indicates his intent to withdrawal the issue on appeal.  The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim.  See Acree v. O’Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018).  Likewise, the Board has no basis to question the validity of the withdrawal or the Veteran’s understanding of the consequences of withdrawing the appeal.  Cf. Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed. 

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.