Citation Nr: 21064569
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 16-14 300
DATE: October 20, 2021

ORDER

The appeal seeking a rating in excess of 60 percent from October 18, 2013 for bronchial asthma is dismissed.

FINDING OF FACT

In a September 2021 communication, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that she wished to withdraw her appeal seeking an increased rating for bronchial asthma.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant are met with respect to the claim seeking an increased rating for bronchial asthma.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from November 1999 to December 2001.  This matter is before the Board on appeal from a February 2014 Department of Veterans Affairs (VA) rating decision.  In June 2021, the matter was remanded for additional development.

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. §§ 7104, 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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, and must be in writing.  38 C.F.R. §§ 19.55, 20.205.  Here, the appellant, in a September 2021 communication, indicated that she wished to withdraw her appeal seeking an increased rating for bronchial asthma.  Therefore, there remain no allegations of errors of fact or law for the Board to consider in the matter.  Accordingly, the Board does not have jurisdiction to review an appeal in the matter, and the appeal must be dismissed.  38 U.S.C. § 7105. 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.