Citation Nr: 21001476
Decision Date: 01/08/21	Archive Date: 01/08/21

DOCKET NO. 17-30 568
DATE: January 8, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 5, 2021, 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 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 2011 to May 2015. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran perfected an appeal for an initial compensable rating for his service-connected allergic rhinitis.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55. 

On January 5, 2021, the Veteran withdrew his appeal of the issue of entitlement to a compensable rating for service-connected allergic rhinitis. See 01/05/2021 Correspondence. The Board finds that the Veteran’s statement is explicit, unambiguous, as it clearly states what is to be done, and shows an understanding of the consequences. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).

In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.