Citation Nr: 21001092
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 20-13 306
DATE: January 7, 2021

ORDER

The appeal of the claim for entitlement to service connection for a low back disorder is dismissed.

The appeal of the claim for entitlement to service connection for a psychiatric disorder is dismissed.

FINDING OF FACT

In August 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the representative of record that the Veteran desired to withdraw his appeal regarding the issues of (1) entitlement to service connection for a low back disorder, and (2) entitlement to service connection for a psychiatric disorder.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for a low back disorder are met.  38 U.S.C. § 7105 (b)(2),(d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2020).

2. The criteria for withdrawal of the appeal for entitlement to service connection for a psychiatric disorder are met.  38 U.S.C. § 7105 (b)(2),(d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 2004 to January 2009.  

An appellant, or his authorized representative, may withdraw an appeal in writing or on the record at a hearing on appeal at any time before the Board promulgates a final decision.  38 C.F.R. § 20.204.  When an appellant does so, the withdrawal effectively creates a situation where there no longer exists any allegation of error of fact or law.  Consequently, in such an instance, the Board does not have jurisdiction to review the appeal, and the appropriate action by the Board is dismissal.  38 U.S.C. §§ 7104, 7105(d).  

In a statement dated in August 2020, and prior to the promulgation of a decision in the appeal, the Board received written notification from the representative of record that the Veteran desired to withdraw his appeal regarding the issues of (1) entitlement to service connection for a low back disorder, and (2) entitlement to service connection for a psychiatric disorder.  Given his clear intent to withdraw his appeal, further action by the Board on these issues would not be appropriate.     38 U.S.C. § 7105.  The claims are dismissed.

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Casadei, 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.