Citation Nr: 21072501
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 20-23 346
DATE: December 3, 2021

ORDER

The appeal of entitlement to an increased rating greater than 30 percent for status post lung cancer is dismissed.

FINDING OF FACT

In an October 2021 written statement, received prior to the promulgation of a decision in the appeal in the matter, the Veteran indicated that he wished to withdraw his appeal as to the issue of entitlement to an increased rating greater than 30 percent for status post lung cancer; there is no question of fact or law in this matter remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of entitlement to increased rating greater than 30 percent for status post lung cancer 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 in the United States Army from November 1965 to October 1967.

Entitlement to an increased rating greater than 30 percent for status post lung cancer

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 authorized representative.  38 C.F.R. § 19.55.

In an October 2021 written statement, received prior to the promulgation of a decision in the appeal in the matter, the Veteran indicated that he wished to withdraw his appeal.

As the Veteran has knowingly and voluntarily withdrawn the appeal in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal, and the appeal in this matter must be dismissed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.