Citation Nr: 21069660
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 17-29 737
DATE: November 19, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 15, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1985 to September 2005.  This matter came before the Board of Veterans Appeals (Board) on appeal from a November 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

The Veteran, through his representative, submitted a written statement saying that he wanted to withdraw his appeal for irritable colon syndrome and that he no longer wished to pursue the claim.  The Board finds that this Veteran's written withdrawal was explicit, unambiguous, and done with the full understanding of the consequences of such an action.  See DeLisio v. Shinseki, 25 Vet. App. 45 (2011).  

The Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Arnold

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.