Citation Nr: 21013710
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 20-02 600
DATE: March 10, 2021

ORDER

The appeal of the issue of entitlement to a compensable rating for hypertension is dismissed.

FINDING OF FACT

On February 18, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of entitlement to a compensable rating for hypertension by the appellant are met.  38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1982 to January 2006.

This matter comes before the Board on appeal of a July 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Acree v. O'Rourke, the Federal Circuit Court of Appeals held that an effective claim withdrawal must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action on the part of the veteran. 891 F.3d 1009 (Fed. Cir. 2018).

In the present case, the appellant has withdrawn this appeal.  See 02/18/2021 Correspondence; 02/18/2021 Statement in Support of Claim.  In his withdrawal statement, the Veteran indicated that he had learned that he was behind more than 17,700 other veterans in line to be assigned a judge for a determination on his hypertension appeal.  The Veteran stated that he did not wish to wait, and that he desired to discontinue his current appeal in favor of reapplying at a later time.  The Board finds that this communication reflects an explicit and unambiguous withdrawal of the Veteran's claim and demonstrates a full understanding of the effect of such withdrawal.  Hence, there remains no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.