Citation Nr: 21068472
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 19-13 914
DATE: November 10, 2021

ORDER

The legacy appeal involving whether a timely Notice of Disagreement (NOD) was received in relation to a July 2016 rating decision is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received written notification from the Veteran, through his representative, requesting withdrawal of his pending legacy Board appeal and hearing request.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal involving whether a timely NOD was received in relation to a July 2016 rating decision are 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 in the United States Army from September 1966 to July 1968 and September 1971 to February 1984, to include service in the Republic of Vietnam. This matter comes before the Board in relation to a July 2016 rating decision by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).  

In a May 2019 VA Form 9, the Veteran requested a Board hearing. However, the Veteran, through his representative, subsequently submitted a written and signed statement in October 2021 stating that he wished to withdraw his appeal pending before the Board and hearing request concerning the timeliness of the NOD in response to the July 2016 rating decision. This withdrawal was effective upon receipt. See Hembree v. Wilkie, 33 Vet. App. 1 (2020); 38 C.F.R. §§ 19.55, 20.704(e). The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. Here, there remain no allegations of error of fact or law for appellate consideration, and the appeal is dismissed, and the scheduled hearing is cancelled. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.704(e).

The Board notes that the Veteran also has a separate appeal pending at the Board under the Appeals Modernization Act (AMA) that stems from a January 2021 VA Form 10182 and involves the effective dates of Special Monthly Compensation. That AMA appeal remains pending at the Board and is not affected by the instant dismissal of the legacy appeal. 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. deBruyn, 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.