Citation Nr: A21020358
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 200923-109874
DATE: December 21, 2021

ORDER

The claim for a rating in excess of 30 percent for gastroesophageal reflux disease (GERD) status post esophageal diverticulotomy and Heller myotomy with Dor fundoplication and irritable bowel syndrome (IBS) with lactase deficiency syndrome is dismissed.

FINDING OF FACT

In September 2021 correspondence, prior to the promulgation of a decision in this appeal, the Veteran, through his representative, withdrew the issue on appeal.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for a rating in excess of 30 percent for GERD status post esophageal diverticulotomy and Heller myotomy with Dor fundoplication and IBS with lactase deficiency syndrome have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

In November 2021, the Veteran's attorney Shannon Brewer submitted correspondence to the VA Claims Intake Center. In this correspondence, she wrote that she requested the letter be accepted as notice of her withdrawal of representation. The correspondence indicated that he notified the Veteran of the withdrawal of representation via email.

To request withdrawal of representation following certification of the appeal to the Board, an attorney-at-law must submit a motion that complies with 38 C.F.R. § 20.6(a)(2). In this case, a valid motion for the withdrawal of representation has not been received by the Board because the November 2021 correspondence does not comply with 38 C.F.R. § 20.6(a)(2), which required that motions for withdrawal are filed with the Board of Veterans' Appeals (Board) at the designated address in the applicable regulation. In addition, setting apart the noncompliance with the filing location, the correspondence does not contain an explanation of good cause for the decision to withdraw representation of the Veteran; or a signed statement indicating that a copy of the motion was sent to the Veteran via U.S. mail at his current address (setting forth the address to which notice was sent). Therefore, the Veteran's representative in these matters continues to be Shannon Brewer, Attorney at Law, until such time that a valid motion is received by the Board for consideration.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  Id.  In the present case, in September 2021 correspondence, prior to the promulgation of a decision in this appeal, the Veteran, through his representative, withdrew the issue on appeal.  Hence, there remain no allegations of errors of fact or law for appellate 

 

consideration.  The Board observes that the September 2021 correspondence satisfies the criteria in 38 C.F.R. § 20.205 (b)(1).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Davitian, Counsel

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.