Citation Nr: 21072217
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 18-31 070
DATE: December 2, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On July 16, 2018, prior to the promulgation of a decision, the Veteran filed an Appeals Satisfaction Notice, which indicates that he is satisfied and wishes to withdraw all remaining issues associated with this appeal.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from March 1967 to January 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. 

In December 2018, the Veteran revoked a power of attorney for his private attorney representative. Subsequently, in December 2018, the Veteran's attorney filed a Motion to Withdraw as Counsel. VA acknowledged the attorney's withdrawal of representation in a November 2021 letter.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204.

In July 2018, the Veteran submitted an Appeals Satisfaction Notice and indicated that he wished to withdraw all issues contained in the recent Statement of the Case and requested that the AOJ discontinue further development action associated with this appeal. A similar statement was received in February 2019 when the Veteran stated that he was satisfied with his current rating and did not want to pursue any appeals at this time.

This request for withdrawal of the issues on appeal meets the content, form, and timing requirements of 38 C.F.R. § 20.204(b), and is therefore deemed a withdrawal of the Notice of Disagreement and Substantive Appeal. See 38 C.F.R. § 20.204(c). As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the issues on appeal. Accordingly, the appeal is dismissed.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Aston, 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.