Citation Nr: A21020434
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 210401-149794
DATE: December 22, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In May 2021 and again in June 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran and through his authorized representative, that a withdrawal of this appeal is requested.  Further, the Veteran indicated his wish to pursue other channels for his appeal. 

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from September 1999 to July 2003. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

In the present case, the Veteran submitted written communication indicating, "I would like to withdrawal my appeal because I believe a supplemental claim is more appropriate at this time." See Correspondence received May 15, 2021.  

In another statement the Veteran, through his authorized representative, indicated in writing to "cancel my request for a BVA hearing" and "I am cancelling to submit evidence to go through other channels for an appeal." See Statement in Support of Claim (VA Form 21-4138) received June 16, 2021.

The written statements from the Veteran are clear and unambiguous.  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.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. A., 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.