Citation Nr: 21072465
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 19-20 429
DATE: December 3, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On December 2, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, 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's 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 service from November 1987 to April 1988.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In his July 2019 substantive appeal, the Veteran requested a videoconference hearing before the Board.  He was scheduled for a hearing before the Board in December 2021.  However, the Veteran's attorney cancelled the hearing, and the hearing request was withdrawn.

The Board notes that, in December 2018, the Veteran submitted a VA Form 21-22, Appointment of Veterans Service Organization as Claimant's Representative, in favor of the above-mentioned attorney.  The Veteran's current appeal was certified to the Board in August 2019.  Thereafter, in November 2021, he submitted a statement indicating that he wanted to revoke the above-mentioned attorney as his representative.  Normally, this filing would have revoked the above-mentioned attorney as the Veteran's representative; however, this filing was received by VA more than 90 days after certification of the appeal to the Board, and the Veteran did not offer good cause for the desired change in representation. 38 C.F.R. § 20.1304(b).  Moreover, the Board notes that the above-mentioned attorney has continued to act as the Veteran's representative, corresponding with the Veteran about his scheduled hearing and submitting correspondence on the Veteran's behalf.  Consequently, the Board finds that, at the current time, the above-mentioned attorney retains representation of the Veteran in his appeal. 38 C.F.R. § 20.1304(a), (b); See, e.g., Perez v. Shinseki, 25 Vet. App. 190 (2011) (the Board did not err in denying claimant's request for change of representative, where request was submitted more than 90 days after his appeal was certified to the Board and no good cause was shown for the delay). 

Law and Analysis

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 appellant through his authorized representative, has withdrawn this appeal, and 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.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Osegueda, 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.