Citation Nr: 21065189
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 18-28 063
DATE: October 25, 2021

ORDER

The appeal, to include the threshold issue of whether new and material evidence has been received, as to whether the character of the appellant's discharge is a bar to the receipt of Department of Veterans Affairs (VA) benefits is dismissed.

FINDING OF FACT

On October 4, 2020, 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 is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant's authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant was in the United States Army from July 1969 to November 1974.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant, through his authorized representative, has withdrawn the appeal, to include the threshold issue of whether new and material evidence has been received, as to whether the character of the appellant's discharge is a bar to the receipt of Department of Veterans Affairs (VA) benefits.  See an October 4, 2021 statement (indicating that the Veteran wished "to withdraw his claim referring to Character of Discharge")  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.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.