Citation Nr: 21061368
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 16-53 245A
DATE: October 1, 2021

ORDER

The claim for an initial compensable disability rating for photophobia is dismissed.

FINDING OF FACT

On April 21, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to an initial compensable disability rating for photophobia by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty with the United States Army from October 1998 to May 1999; from January 2002 to June 2002; from March 2003 to October 2003; and from February 2004 to March 2007, with additional service in the Reserves.  The Veteran had overseas service in Afghanistan and received the Army Commendation Medal, among other decorations and awards.

This matter was most recently before the Board in August 2019, at which time it was remanded for additional development.  The case has since returned to the Board for appellate consideration.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  In this case, the Veteran, through his attorney, has withdrawn his appeal in a letter submitted in April 2021; therefore, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.