Citation Nr: 21069087
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 14-23 660
DATE: November 17, 2021

ORDER

The appeal seeking entitlement to a rating in excess of 50 percent for personality changes due to traumatic brain injury (TBI) prior to March 5, 2021 is dismissed.

FINDING OF FACT

In an April 2021 VA Form 21-4138, Statement in Support of Claim, received prior to promulgation of a decision in the appeal, the Veteran withdrew the appeal for entitlement to a rating in excess of 50 percent for personality changes due to TBI prior to March 5, 2021. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to a rating in excess of 50 percent for personality changes due to TBI prior to March 5, 2021 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 July 1972 to July 1976.

This matter is on appeal from an October 2014 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2017, a videoconference hearing was held before the undersigned. A transcript of the hearing is in the record.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by the authorized representative. Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing. 38 C.F.R. § 19.55. 

In a signed and dated April 2021 VA Form 21-4138, Statement in Support of Claim, the Veteran stated that he wanted to withdraw his appeal seeking entitlement to a rating in excess of 50 percent for personality changes due to TBI prior to March 5, 2021. As the Veteran has withdrawn the appeal of the issue in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.