Citation Nr: 21015423
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 18-29 392
DATE: March 17, 2021

ORDER

The appeal as to whether the November 2016 Notice of Disagreement (NOD) was timely received is dismissed.

FINDING OF FACT

On January 21, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran, through his authorized representative, requesting withdrawal of his pending appeal regarding whether the November 2016 NOD was timely received.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issue of whether the November 2016 NOD was timely received are 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 that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. Here, in a January 2021 written and signed statement, the Veteran’s authorized representative specifically withdrew the appeal as to the issue identified in his January 2017 NOD and May 2018 VA Form 9, namely whether the November 2016 NOD had been timely received. See January 2021 Correspondence; Hembree v. Wilkie, 33 Vet. App. 1 (2020). In the same Correspondence, the Veteran’s authorized representative withdrew the Veteran’s request for a Board hearing on the issue of the timeliness of the November 2016 NOD that was requested in the May 2018 VA Form 9. 38 C.F.R. § 20.704(e).  Thus, there remain no allegations of error of fact or law for appellate consideration, and this matter is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.