Citation Nr: 21067105
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 18-27 136
DATE: November 3, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On September 14, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative with the Veterans of Foreign Wars, that a withdrawal of this appeal is requested.  The VA form VA 21-4138 requesting the withdrawal was signed by the Veteran.

CONCLUSION OF LAW

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

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the appellant, through his authorized representative, filed a VA form VA 21-4138 requesting the withdrawal of his claims for bilateral hearing loss and tinnitus.  The withdrawal is in writing, includes all claims on appeal and cites the VA claim appeal number for the case, as well as clearly identifies the Veteran by name, date of birth and social security number.  Additionally, the Veteran personally signed the VA form VA 21-4138.  Hembree v. Wilkie, No. 18-3856 (U.S. Vet. App. August 31, 2020). 

Thus, the criteria for a withdrawal have been met and 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. 

 

Danette L. Mincey

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.