Citation Nr: 21009613
Decision Date: 02/23/21	Archive Date: 02/22/21

DOCKET NO. 17-56 277
DATE: February 23, 2021

ORDER

The appeal concerning any claimed issues, to include the appeal for an initial disability rating in excess of 20 percent for chronic fatigue syndrome, is dismissed.

FINDING OF FACT

In a statement received in April 2020, prior to a decision being promulgated by the Board on the claim for an initial disability rating in excess of 20 percent for chronic fatigue syndrome, the Veteran indicated his desire “to withdraw all remaining claims and appeals.”

CONCLUSION OF LAW

The criteria for withdrawal of any pending claims and appeals 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 from July 1988 to February 1994.

This appeal arises from a September 2016 rating decision and was previously remanded by the Board of Veterans’ Appeals (Board) in June 2017.  The Board scheduled the Veteran for a February 2021 virtual tele-hearing, but he withdrew all remaining appeals prior to such hearing. 

The Board may dismiss any appeal which fails to allege specific errors 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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Here, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Specifically, in an April 2020 letter, the Veteran’s representative indicated that the Veteran “wishes to withdraw all remaining claims and appeals.”  Accordingly, given this all-encompassing withdrawal, the Board does not have jurisdiction to review the appeal for an initial disability rating in excess of 20 percent for chronic fatigue syndrome, or for any pending claims or appeals as of the date of the instant decision, and the appeal is dismissed.

 

 

Shereen M. Marcus

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.