Citation Nr: 21062457
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 16-01 647
DATE: October 7, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1996 to March 1998.  This matter came before the Board of Veterans Appeals (Board) on appeal from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 October 2021, the Veteran submitted a written statement asking to withdraw his appeal and cancel his hearing scheduled for October 2021.  He further stated that he did not have the evidence to get an increase for his appeal condition.  The Board therefore finds that the Veteran's written withdrawal, was explicit, unambiguous, and done with the full understanding of the consequences of such an action.  See DeLisio v. Shinseki, 25 Vet. App. 45 (2011).  

The Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Arnold

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.