Citation Nr: 21063494
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 19-24 901
DATE: October 14, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In June 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 February 1968 to February 1970.  This matter came before the Board of Veterans Appeals (Board) on appeal from an October 2017 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An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 June 2021, the Veteran submitted a written statement asking to withdraw all current pending claims.  The Board notes that the Veteran's representative submitted an appellate brief in September 2021, and argued that it was unclear whether the Veteran intended to withdraw the issue on appeal.  However, the Board notes that the current issue on appeal is the only pending claim, and therefore it is clear that the Veteran wishes to withdraw his appeal.  As the Veteran submitted a written statement indicating in clear language that he wished to withdraw all current pending claims, the Board finds that the 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The Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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	Y. Akkad

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.