Citation Nr: 21068207
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 16-59 677
DATE: November 9, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. As documented in VA Form 27-0820, Report of General Information dated in June 2020, the Veteran stated to Board of Veterans' Appeals (Board) personnel that he wished to withdraw his appeal.  

2. In correspondence subsequently received by the Board in the following month, the Veteran, through his representative, reiterated his desire to withdraw his appeal. 

3. In October 2021 correspondence, the Veteran once again reiterated his desire to withdraw his 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 FINDINGS AND CONCLUSION

The Veteran served on active duty from May 1991 to August 2011. 

In June 2020, the Veteran first expressed his intent to withdraw his appeal. In the following month, he submitted signed correspondence through his representative to withdraw his pending appeal. In October 2021, he again reiterated his intent to withdraw his pending appeal from appellate consideration. 

The Board acknowledges that two weeks later in October 2021, the Veteran's representative submitted written argument in support of the Veteran's appeal.  However, as stipulated previously herein, the Veteran had already withdrawn his appeal.  The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. Significantly, a withdrawal becomes effective when it is received by the Board. 38 C.F.R. § 20.205(b)(3). 

Here, on multiple occasions, the Veteran specifically withdrew his appeal from appellate review. When pending appeals are withdrawn, there is no longer an allegation of error or fact or law with respect to that issue on appeal. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d). thus, the Veteran's appeal is dismissed. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Goreham

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.