Citation Nr: 21075489
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 18-22 968A
DATE: December 20, 2021

ORDER

The appeal seeking an increased rating for traumatic brain injury (TBI) residuals is dismissed.

FINDING OF FACT

On December 29, 2020, prior to the promulgation of a decision in the appeal, the Board received notification that the appellant wished to withdraw all pending appeals and claims.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205 § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative and is to include the name of the Veteran, the file number, and a statement that the appeal is withdrawn or if more than one issue is on appeal, a statement as to which issue(s) are withdrawn. 38 C.F.R. § 20.205. Consequently, in such an instance, the Board no longer has any errors of fact or law to review, and the appropriate action by the Board is dismissal. 38 U.S.C. § 7105.

In the present case, in a December 29, 2020, letter the Veteran's attorney conveyed the Veteran's desire to withdraw any and all claims pending before VA, which includes (but is not limited to) the ratings assigned for TBI residuals. See December 2020 Correspondence. The correspondence notes the April 1, 2020, Supplemental Statement of the Case of the appeal chain as well as the Veteran's name and social security number in addition to referencing the specific issue on appeal. The Board finds the statement constitutes a valid withdrawal of the appeal. Accordingly, there remains no issue on appeal and the matter is dismissed. 

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. F. Minnitte, Attorney Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.