Citation Nr: 21061438
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 17-39 131
DATE: October 4, 2021

ORDER

The appeal regarding entitlement to service connection for a respiratory condition is dismissed.

FINDING OF FACT

In January 2020, prior to the promulgation of a decision in the appeal, the appellant's representative withdrew the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding entitlement to service connection for a respiratory condition 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 1967 to July 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for a respiratory condition due to toxic exposure.

In January 2020, the Veteran notified VA, through his representative, that he wished to withdraw the claim on appeal here.  See January 2020 correspondence.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Strickland

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.