Citation Nr: A21020320
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 191227-58597
DATE: December 21, 2021

ORDER

The appeal for service connection for throat cancer is dismissed.

FINDING OF FACT

On September 17, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his attorney that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met by the Veteran and his attorney.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1967 to January 1969.  This case comes before the Board of Veterans' Appeals (Board) on appeal from a December 2019 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  38 C.F.R. § 20.205.

The Veteran submitted a November 2019 supplemental claim application while an appeal was pending in the legacy system.  A December 2019 rating decision denied readjudication and the Veteran appealed by filing a December 10182 Board appeal.  The legacy appeal was dismissed in a November 2021 Board decision.  In the present case, the AMA appeal remains pending.  However, the Veteran and his attorney have withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bruton, C

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.