Citation Nr: 21071611
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 18-26 190
DATE: November 30, 2021

ORDER

The appeal to reopen the previously denied claim for service connection for posttraumatic stress disorder with nerves is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 April 1978 to July 1984. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision of a 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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. § 20.205 (for AMA) § 19.55 (legacy).  

In the present case, the Veteran has withdrawn the appeal.  In an October 2021  correspondence, the Veteran specifically stated that he was requesting to withdraw his appeal.  The Board finds that the Veteran's written statements expressing his intent to withdraw his appeal are explicit, unambiguous, and undertaken with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  In sum, 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.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.