Citation Nr: 21020915
Decision Date: 04/08/21	Archive Date: 04/08/21

DOCKET NO. 19-31 434
DATE: April 8, 2021

ORDER

The appeal for entitlement to service connection for asthma is dismissed.

The appeal for entitlement to service connection for right knee meniscal maceration medial and lateral with osteoarthritis.

FINDING OF FACT

On January 4, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his authorized representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from May 1968 to May 1971, from August 1972 to August 1975, and then from December 1990 to June 1991, to include service in Vietnam.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the Veteran, through his then authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Brian P. Keeley

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.