Citation Nr: 21062786
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 18-05 369
DATE: October 12, 2021

ORDER

The appeal with respect to entitlement to an increased rating in excess of 40 percent for degenerative joint disease, lumbosacral spine is dismissed.

FINDING OF FACT

On August 24, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant through his representative that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant through his representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Army National Guard from February 1992 to June 1992 and in the United States Army from August 1994 to October 2003.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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, though his representative, submitted in writing his request to withdraw this appeal. 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.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Boushehri, Darjush M.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.