Citation Nr: 21006250
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 19-00 437A
DATE: February 3, 2021

ORDER

Service connection for a dental disorder has been withdrawn and is dismissed.

FINDING OF FACT

In February 2021, prior to the promulgation of a decision in the present appeal for the issue of service connection for a dental disorder, VA received notification from the Veteran requesting a withdrawal of this appeal.

CONCLUSION OF LAW

For the issue of service connection for a dental disability, the criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Navy from January 1966 to December 1969. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

Withdrawal

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 An appeal may be withdrawn in writing as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In a February 2021 written statement, the Veteran, through his attorney representative, stated that he desired to formally withdraw his appeal for his claim for service connection for a dental disorder. The Board finds this statement is explicit, unambiguous as it clearly states what is to be done, and shows and understanding of the consequences. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 

In the present case, the Veteran has withdrawn his appeal for his claim for service connection for a dental disorder, hence, there remain no allegations of errors of fact or law for appellate consideration as to that matter. Accordingly, the Board does not have jurisdiction to review the above issue, and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.