Citation Nr: 21074425
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 14-02 808
DATE: December 15, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 29, 2020, 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 Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from November 1965 to November 1967.

This appeal comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) rating decision dated in April 2012.

This appeal was previously before the Board in November 2017, at which time, the appeal was remanded to the AOJ for additional development. This appeal has now been returned to the Board for further appellate action.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In the present case, in a January 2020 statement, the Veteran withdrew all the issues involved in the appeal (increased ratings for service-connected psychiatric disorder, and right knee and right ankle disabilities) 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.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Johnson

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.