Citation Nr: 21069009
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-02 767
DATE: November 17, 2021

ORDER

The appeal with respect to whether new and material evidence has been received to reopen a previously denied claim for service connection for migraines (now claimed as headache with vision changes) is dismissed.

The appeal with respect to whether new and material evidence has been received to reopen a previously denied claim for service connection for status post partial medical meniscectomy of the left knee (now claimed as left knee disorder) is dismissed.

FINDING OF FACT

By correspondence received in October 2021, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.

CONCLUSION OF LAW

The criteria for the withdrawal of an appeal by the Veteran 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 in the U.S. Army from November 1973 to November 1976. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in St. Louis, Missouri. 

Dismissal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id. 

In October 2021, prior to the promulgation of an appellate decision on the matter, the Board received written notification from the Veteran that he wished to withdraw the present appeal. The submission indicated specifically that he wished to withdraw both of the issues noted above and included his name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of error of  

fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Oldroyd, 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.