Citation Nr: 21071711
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 02-15 310A
DATE: December 1, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision by the Board of Veterans' Appeals (Board), the Veteran, through his representative, withdrew his appeal in a February 2014 correspondence.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105(b)(2), (d)(5) (2021); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1977 to July 1997. This matter comes before the Board on an appeal from an October 2001 rating decision by a Department of Veterans Affairs (VA) Medical Center. The Veteran requested a hearing before a Veterans Law Judge; however, prior to holding that hearing he withdrew his claim.

Entitlement to an annual clothing allowance for 2001 for a knee brace.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Id. In the present case, the Veteran, through his representative, withdrew the entirety of his appeal in a February 2014 correspondence. 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. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §19.55. 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonathan M. Estes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.