Citation Nr: 21062930
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 19-26 236
DATE: October 12, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On February 16, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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In the present case, the appellant, through his authorized representative, has withdrawn this appeal.  The Board acknowledges that in August 2021, it sent the Veteran and his representative a letter requesting clarification as to the scope of the withdrawal.  That letter stated that if, as here, no response was received, the Board would proceed to review all issues on appeal.  The Board has undertaken that review and finds that the current record supports a withdrawal of the appeal in its entirety.  In this regard, the correspondence dated February 11, 2021 and received February 16, 2021 from the Veteran's representative states that the Veteran "request[s] to withdraw all open veteran's appeals" and explains that the Veteran is satisfied with his 100 percent total and permanent rating.  This unambiguously demonstrates the Veteran's desire to withdraw his appeal in its entirety.  Moreover, the cover sheet meets all other criteria for a written withdrawal of an appeal.  38 C.F.R. § 19.55.  

Hence, as the criteria for a written withdrawal are met, 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.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.