Citation Nr: 21063901
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 17-48 495
DATE:  October 18, 2021

           

ORDER

The appeal is dismissed.

INTRODUCTION

The Veteran served on active duty in the United States Air Force from May 1984 to January 1991.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

FINDING OF FACT

On March 9, 2020, prior to promulgation of a decision in the appeal, the Veteran, through his attorney, requested in writing the withdrawal of his appeals.

CONCLUSION OF LAW

The criteria are met for a withdrawal of the Veteran's appeals.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  Id. 

On March 9, 2020, the Veteran submitted a written statement through his attorney stating that he was "requesting to withdraw all claims pending at this time." 

The Board finds the written statement made by the Veteran and his attorney is explicit and an unambiguous indication that he wished to withdraw all his appeals, and done with a full understanding of the consequences of such action.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); 38 C.F.R. § 19.55.  As such, there remain no allegations of error of fact or law for appellate consideration with respect to the issues.  Accordingly, the Board does not have jurisdiction to review the appeal on these issues and they are dismissed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nestander, Jessica S.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.