Citation Nr: 21061471
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 18-14 305A
DATE: October 4, 2021

ORDER

Entitlement to increased ratings for allergic rhinitis and sinusitis is dismissed.

FINDING OF FACT

On February 17, 2021, prior to the promulgation of a final decision in the appeal, the Board received notification from the Veteran and her agent that withdrawal of all pending appeals is requested.

CONCLUSION OF LAW

The criteria for dismissal an appeal for increased ratings for allergic rhinitis and sinusitis 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 April 1982 to June 1997. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a December 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).   

VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits.  See 38 C.F.R. § 19.55.  After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board.  Id.  Appeal withdrawals must be in writing and must include the name of the appellant, the claim number, and a statement that the appeal is withdrawn.  Id.

The notification containing the Veteran's request to withdraw the above-listed issue has been reduced to writing, and contains her name and claim number.  See February 7, 2021 Correspondence.  The Board has not yet issued a final decision on any of claims at issue herein.

When pending appeals are withdrawn, there are no longer allegations of factual or legal error with respect to the issues that had been previously appealed.  In such an instance, dismissal of the pending appeal is appropriate.  See 38 U.S.C. § 7105(d). Accordingly, further action by the Board on these issues is not appropriate and the appeal is dismissed.  Id. 

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.