Citation Nr: 21065462
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 18-32 889
DATE: October 26, 2021

ORDER

The appeal is dismissed.  

 

FINDING OF FACT

In October 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 2010 to March 2015.  

The case is on appeal from a January 2016 rating decision.  

In October 2021, the Veteran revoked the power of attorney of record.  As such, the Veteran has no representation and is proceeding before the Board pro se.  

Service connection for irritable bowel syndrome.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  

Prior to a scheduled Board hearing, the Veteran's then representative submitted a statement in October 2021 with the heading APPEAL WITHDRAWAL.  See October 2021 21-4138 (Statement in Support of Claim).  In doing so, the representative stated that the Veteran "is requesting to withdraw the issue(s) on appeal at this time."  

The Board finds that the Veteran's withdrawal of the issue on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The withdrawal of the appeal was an express statement in writing that the Veteran no longer intends to pursue the appeal.  

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the appeal is dismissed.  

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.