Citation Nr: 21067422
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 18-26 254
DATE: November 4, 2021

ORDER

The appeal for entitlement to service connection for a respiratory disability, to include a lung disorder and sleep apnea is dismissed.

FINDING OF FACT

In August 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, 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 (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 Veteran served on active duty from January 1966 to September 1969 with subsequent National Guard service.

The Agency of Original Jurisdiction (AOJ) denied the Veteran's claim for entitlement to service connection for a lung disability in December 2016.  The veteran perfected a timely appeal to the Board and requested a hearing before a Veterans Law Judge.  In August 2021, he phoned his representative and requested to withdraw the appeal.  His representative memorialized the conversation in a formal memorandum for the claims file and requested that the appeal be withdrawn.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  A written submission which states the name, file number, and a request for withdrawal fully complies with this regulation (previously codified at 38 C.F.R. § 20.204).  Hembree v. Wilkie, 33 Vet. App. 1 (2020).

(continued on the next page)

In the present case, the Veteran, who is the appellant in this case, has withdrawn this appeal through his authorized representative. The withdraw is in writing, contains the Veteran's name and claims folder number, identifies the issue and is signed. Hence, the Veteran submitted a valid withdrawal 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.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Harter, Heather J.

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.