Citation Nr: 21015291
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 15-12 029
DATE: March 17, 2021

ORDER

Entitlement to service connection for a Rapid Eye Movement behavior disorder is dismissed as withdrawn.

FINDING OF FACT

In February 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wishes to withdraw his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the appellant has been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from May 1984 to July 2004. The Veteran testified at a December 2014 Board hearing; a transcript is associated with the record. The matter was previously remanded by the Board in May 2018.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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. The Veteran e-mailed his representative in February 2021 expressing his desire to withdraw his appeal and cancel his scheduled BVA hearing. The representative forwarded the e-mail to VA shortly thereafter. The Board finds that this written withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); 38 C.F.R. § 20.204; see also Acree v. O’Rourke, 891 F.3d 1009 (2018). In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.