Citation Nr: 21003334 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 14-39 790 DATE: January 21, 2021 ORDER Entitlement to service connection for a back disability is dismissed. Entitlement to service connection for a left knee disability is dismissed. FINDING OF FACT In June 2020, prior to the promulgation of a decision in the appeal, the Veteran requested that his November 2013 appeal be withdrawn. CONCLUSION OF LAW The criteria for withdrawal of the appeal for entitlement to service connection for a back disability and a left knee disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from March 1993 to March 1996, April 2008 to September 2008, and February 2009 to September 2009. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a November 2020 letter, the Veteran was advised that clarification of his representative was needed. In reviewing the records, a January 2015 VA Form 21-22a appointed attorney M.M.; however, a June 2020 VA Form 21-0820 Report of General Information revealed the Veteran called and requested his power of attorney be removed. In the 2020 letter, the Veteran was asked to sign a pro se election form or provide an updated VA Form 21-22/21-22a if he wished to be represented by an attorney; he was given notice that a failure to respond within 30 days would mean the Veteran wishes to represent himself. He has not responded. By default, the Board finds that the Veteran wishes to represent himself. Withdrawal of appeal In the present case, a June 2020 VA Form 21-0820 Report of General Information revealed the Veteran called and requested to withdraw the remanded appeal dated November 2013. The Veteran stated he is currently rated at 100 percent. In fact, the Veteran is service-connected for posttraumatic stress disorder rated as 100 percent disabling. The Veteran was advised in a June 2020 letter that in order for the VA to accept a withdrawal of the claim, a signed statement or an in-person visit to his local RO was required. The Veteran did not respond. In August 2020, the RO issued a Supplemental Statement of the Case (SSOC). The appeal was returned to the Board and placed on the docket in October 2020. The Veteran was advised in a November 2020 letter that clarification of his withdraw of his appeal dated November 2013 was needed. In the letter, the Veteran was asked to elect either one of two claim options: “I wish to withdraw my appeal,” or, “I wish to pursue all issues on appeal.” He has not responded. Because the Veteran had previously indicated in June 2020 his desire to withdraw from appellate consideration this appeal, and there is no evidence on the contrary, the Board finds no prejudice toward the Veteran in proceeding with the adjudication of the claims. 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. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. The Veteran 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. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.M. Edwards, 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.