Citation Nr: 21073263
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 19-04 275
DATE: December 8, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In December 2021, prior to issuance of a decision in the appeal, the Board received a statement by the Veteran's representative on his behalf withdrawing the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision.  38 C.F.R. § 19.55(a).  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran or the name of the claimant or appellant if other than the veteran, the applicable Department of Veterans Affairs (VA) file number, and a statement that the appeal is withdrawn.  38 C.F.R. § 19.55(b)(1).  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.  Id.  

Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies  38 C.F.R. § 19.55(c).

Here, in December 2021, the Board received a written statement by the Veteran's authorized representative withdrawing the appeal.  The statement contains the Veteran's name and VA file number.  It was received before the Board issued a final decision in this matter.  Accordingly, the criteria for withdrawal of an appeal are satisfied.  See id.  Indeed, such a withdrawal was unnecessary, as the appeal concerned a denial of service connection for posttraumatic stress disorder (PTSD), Service connection for PTSD was subsequently granted in an August 2020 rating decision, which resolved the appeal.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).

As there remain no allegations of errors of fact or law respecting the issue on appeal, which has been withdrawn, the appeal is dismissed.  38 U.S.C. §  7105.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.