Citation Nr: 21071990
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 19-10 526
DATE: December 2, 2021

ORDER

The appeal for entitlement to service connection for a traumatic brain injury is dismissed.

FINDING OF FACT

On October 13, 2021, prior to the promulgation of a decision, the Veteran, through his representative, requested to withdraw his appeal for service connection for a traumatic brain injury.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for service connection for a traumatic brain injury 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 December 2002 to September 2006.

This appeal arises from an August 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing before the Board as to the above appeal in November 2021. Prior to the hearing, on October 13, 2021, the Veteran's representative submitted a signed statement with the Veteran's VA file number providing formal notification that the Veteran wished to withdraw his traumatic brain injury appeal. The Veteran affirmed this withdrawal per a November 2021 e-mail correspondence. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative. Id. In the present case, the Veteran has withdrawn this appeal; therefore, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Tierno

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.