Citation Nr: 21061972
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 16-61 595
DATE: October 6, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On October 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he requested to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 on active duty from January 2007 to November 2010.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran was scheduled for a hearing before the undersigned Veterans Law Judge but contacted the RO to say that he was no longer interested in continuing forward with his appeal, and that he has wanted to cancel his appeal for some time.  In a subsequent report of contact, the RO confirmed that the Veteran requested to withdraw his entire appeal.  See October 2021 Report of General Information.  As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.