Citation Nr: 21067647
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 19-10 224
DATE: November 4, 2021

ORDER

Entitlement to compensation under 38 U.S.C. § 1151 for Wegener's granulomatosis disease, with loss of both kidneys, is dismissed.

FINDING OF FACT

On September 27, 2021, 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 (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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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, submitted a statement in September 2021 withdrawing all issues before the Board.  This statement included the Veteran's name, his applicable file number, and a clear request to "withdraw all issues currently on appeal."  This statement meets all of the requirements to be considered a valid withdrawal of a legacy appeal.  38 C.F.R. § 19.55.

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.