Citation Nr: 21002129
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 16-34 237
DATE: January 12, 2021

ORDER

The Veteran’s appeal for increased disability ratings for vertigo is dismissed.

The Veteran’s appeal for increased disability ratings for migraines is dismissed.

FINDING OF FACT

On November 6, 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 or her authorized representative) have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1965 to May 1984.  

This appeal comes to the Board of Veterans’ Appeals (Board) from an April 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded these matters to the Agency of Original Jurisdiction (AOJ) in June 2019 for additional development.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (2019).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55 (2019).  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.