Citation Nr: 21006437
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 19-06 329
DATE: February 4, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On May 30, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of “all pending” claims and appeals is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran, through his authorized representative, submitted correspondence received in May 2019.  In that correspondence, the authorized representative clearly stated that the Veteran wished to withdraw “all pending” claims nad appeals, that he was happy with his current compensation, and that he “no longer wishes for there to be any appeals or pending claims.”  Hence, there remain no allegations of errors of fact or law for appellate consideration.  

While subsequent correspondence does appear to reference the Veteran’s appeal for additional compensation based on his spouse’s need for aid and attendance, withdrawals are effective as of the date they are received.  When a claim is withdrawn, it ceases to exist.  Hanson v. Brown, 9 Vet. App. 29, 32 (1996).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.