Citation Nr: 21069354
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-42 146
DATE: November 18, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the present appeal, 

VA received notification from the Veteran requesting a withdrawal of this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Army from January 2009 to May 2013. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

Withdrawal

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 An appeal may be withdrawn in writing as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 an April 2021 written statement, the Veteran, through her representative, stated that she desired to formally withdraw her present appeal and to cancel her scheduled Board hearing. This written statement contained the Veteran's name, claims number and states that they wanted to withdraw the appeal in accordance with 38 C.F.R. § 19.55(b). 

In the present case, the Veteran has withdrawn her appeal for service connection for skin, left/right groin and hip, proteinuria, join pains/fibromyalgia, hematuria, vitamin D deficiency, gum condition with surgery and increased ratings for anemia, hypertension and an earlier effective date for anemia. Hence, there remain no allegations of errors of fact or law for appellate consideration as to that matter. Accordingly, the Board does not have jurisdiction to review the above appeal, 

and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.