Citation Nr: 21063368
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 16-19 995
DATE: October 14, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw his appeal. 

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal for entitlement to a compensable disability rating for tonsillitis have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

2.  The criteria for withdrawal of the appeal as to the timeliness of a VA Form 9 submitted in June 2015 have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the veteran or by his or her authorized representative.  38 C.F.R. § 20.204 (a).  The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing.  38 C.F.R. § 20.204 (b). 

In a September 2021 correspondence, the Veteran's authorized representative indicated the Veteran wished to withdraw all of his remaining appeal issues.  Accordingly, the Board does not have jurisdiction to review this aspect of the Veteran's appeal, and those issues must be dismissed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.