Citation Nr: 21073646
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 19-19 624
DATE: December 9, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 19, 2021, prior to the promulgation of a decision in the appeal, 

the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) are 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 September 1969 to April 1971.  This matter comes before the Board of Veterans' Appeals (Board) from a January 2019 rating decision that granted service connection for tinnitus and hearing and assigned initial 10 and noncompensable ratings, both effective October 1, 2018. The Veteran disagreed with the effective date assigned. 2/12/2019 NOD.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  More specifically, on November 19, 2021, VA received an appeals satisfaction notice from the Veteran, indicating that he wished to withdraw all issues addressed in the statement of the case (SOC).  11/19/2021, Correspondence.  This correspondence included the Veteran's name, his VA file number, and a statement that the appeal is withdrawn per 38 C.F.R. § 19.55(b). See Hembree v. Wilkie, 33 Vet. App. 1, 6-7 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with the applicable regulation).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.