Citation Nr: 21074917
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 19-31 963
DATE: December 16, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a written request dated October 23, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw all pending appeals concerning an increased rating.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal regarding a claim to an evaluation higher than 20 percent for cervical strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal regarding a claim to an evaluation higher than 20 percent for lumbar strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served honorably from September 1987 to May 1989.

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. §§ 19.55.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 Veteran submitted a letter dated October 23, 2021, in which he stated that he was withdrawing all pending appeals concerning an increase. The current appeal, perfected by the Veteran's October 2019 submission of a VA Form 9, was pending before the Board at the time. 

The October 23, 2021 letter satisfies the requirements of 38 C.F.R. § 38 C.F.R. §§ 19.55(b)(1) in that it includes the name of the Veteran, the VA file number, and a statement that the pending appeals were being withdrawn in its entirety. See also Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020). Accordingly, 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.

 

 

J. Kirby

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Booker

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.