Citation Nr: 21002719
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 17-19 279
DATE: January 14, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Board received notice from the Veteran signed and dated in December 2019 and August 2020 informing that he was not pursuing his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 September 1972 to September 1976 and from November 1977 to October 1981.  The Department of Veterans Affairs (VA) is grateful for his service.  

The Veteran by a letter dated in March 2020 informed that he no longer wished to be represented by a veterans service organization.  Hence, his authorization for representation is withdrawn, and he is pro-se (without representation) in the present appeal.  

By December 2019 and August 2020 submissions, the Veteran effectively withdrew his appeal of the four issues on his appeal, expressing that he was not pursuing increased ratings for headaches, cervical spine disability, or lumbar spine disability, or total disability rating based on individual unemployability (TDIU), and that he was satisfied with the assigned combined 100-percent rating.  He then informed that he was no longer pursuing those appealed claims.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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  In the present case, the Veteran has effectively withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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

Also in the August 2020 submission, the Veteran sought to again raise claims of entitlement to earlier effective dates for service connection for back, head, and eye disabilities including based on clear and unmistakable error (CUE) in a November 1986 VA Regional Office (RO) decision.  However, those issues were considered and denied by the Board in a November 2019 decision.  In May 2020, the Board considered and denied the Veteran’s motion for reconsideration of the Board’s November 2019 decision denying those claims.  Any issues raised by the Veteran’s August 2020 submission and not resolved by the Board or not the subject of appeal to the United States Court of Appeals for Veterans Claims (Court) (CVA Docket No. 20-4867) are referred to the RO for appropriate action.

 

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Schechter

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.