Citation Nr: 21008698
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 14-21 495
DATE: February 17, 2021

ORDER

Entitlement to service connection for idiopathic thrombocytopenic purpura (ITP), to include as due to herbicide exposure is dismissed.

FINDING OF FACT

In October 2020, prior to the promulgation of a decision in the appeal, the Veteran, submitted a statement indicating he wished to withdraw from appellate review his claim for entitlement to service connection for idiopathic thrombocytopenic purpura (ITP), to include as due to herbicide exposure.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for idiopathic thrombocytopenic purpura (ITP), to include as due to herbicide exposure have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service with the U.S. Army from January 1971 to January 1973, to include service in the Republic of Vietnam.  This case comes before the Board of Veteran’s Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

On October 2020 statement, the Veteran indicated that he would like to withdraw his appeal and scheduled Board hearing that was scheduled for October 28, 2020. The Board finds that the Veteran sought to withdraw his claim from appellate review in this signed, written statement.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Here, the Veteran submitted a statement in October 2020 indicating that he wished to withdraw from appellate review the above claims. As a result, 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.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Baxter

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.