Citation Nr: 21016166
Decision Date: 03/22/21	Archive Date: 03/22/21

DOCKET NO. 17-67 924
DATE: March 22, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 21, 2021, prior to the promulgation of a decision in the appeal, the Veteran explicitly, unambiguously, and with a full understanding of the consequences, notified the Board that he wished to withdraw his appeal for service connection for bilateral lower extremity neuropathy, to include as a result of in service herbicide agent exposure, and for service connection for residuals of a tracheotomy, to include as a result of in-service herbicide agent exposure.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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 Veteran or by his or her authorized representative. Id.

In the present case, and specifically in a document dated on January 21, 2021, the Veteran explicitly and unambiguously, and with a full understanding of the consequences, cancelled his March 18th, 2021 scheduled hearing before a Veterans Law Judge and withdrew his appeal for service connection for bilateral lower extremity neuropathy, to include as a result of in service herbicide agent exposure, and for service connection for residuals of a tracheotomy, to include as a result of in service herbicide agent exposure. The written January 21, 2021 document was uploaded to the Veteran’s claims file on March 17, 2021.

As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal. Thus, the Board does not have jurisdiction to review this appeal, and it is dismissed.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.