Citation Nr: 21076192
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 16-04 423
DATE: December 22, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. On December 6, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested. 

2. In a subsequent December 2021 report of contact, the Veteran again indicated his desire to withdraw his appeals, to include increased ratings for posttraumatic stress disorder, migraine headaches, degenerative arthritis of the lumbar spine, and radiculopathy of the right and left lower extremity, and entitlement to a total disability rating for individual unemployability.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDINGS 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Comninos, Georgio

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.