Citation Nr: 21002728
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 16-36 497
DATE: January 14, 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 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  In the present case, the appellant submitted a January 5, 2021 Statement in Support of Claim withdrawing this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The Board notes that on his statement the Veteran listed all of the issues on appeal, except for the issue of an increased rating for right ear hearing loss.  However, the Veteran made it clear that he was withdrawing his appeal of all claims before the Board, as he listed the docket number, indicated he was satisfied with the last decision, and stated that he no longer wished to pursue his appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.A. Infante

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.