Citation Nr: 21074184
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 20-24 964
DATE: December 14, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

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 or his authorized representative are 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 August 1981 to March 1983. This matter is on appeal to the Board from an October 2018 (notification in November 2018) rating decision. This rating decision denied service connection for diabetes, chronic obstructive pulmonary disease (COPD), vertigo, bipolar disorder, angina, and peripheral neuropathy of the bilateral lower extremities as well as evaluation of ratings for his service-connected right knee. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  A July 2020 statement from the Veteran's attorney indicates that the Veteran no longer desired a hearing and to continue his appeal. See 11/11/2021 Third Party Correspondence. This document included the name of the Veteran, his file number, and a statement withdrawing the appeal 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	J. Hermsdorfer, 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.