Citation Nr: 21070358
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 17-54 264
DATE: November 23, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 10, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, 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 authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service in the United States Navy from May 1972 to February 1975.  This matter comes before the Board of Veterans' Appeals (Board) on appeal of a December 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing before a Veterans Law Judge on November 15, 2021. See BVA Letter (Sept. 14, 2021).  On October 23, 2021, the VA memorialized receipt of a voicemail left by the Veteran's attorney about this hearing. See VA Form 27-0820 (Oct. 23, 2021).  Assuming arguendo that this voicemail did not request cancellation of the hearing, the Veteran did not attend the hearing, and there is no statement of good cause as to why the hearing should be rescheduled.  The hearing is waived, and the Board takes jurisdiction.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran, through his attorney, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. See Third Party Correspondence (rec'd Jan. 10, 2018) ("Please accept this letter as formal notification that, with the grant of Individual Unemployability, the above-named claimant is satisfied with all pending appeals."). See also Rating Decision (Nov. 16, 2017) (granting TDIU).  This request for withdrawal of the issue on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claim.  See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020).  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael B. Engle, 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.