Citation Nr: 21021323
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 15-40 814
DATE: April 12, 2021

ORDER

The claim for an effective date prior to April 8, 2013 for a rating increase to 100 percent for a kidney disability is dismissed. 

FINDINGS OF FACT

In a May 2019 communication, and prior to the promulgation of a decision in the appeal, the Veteran communicated his intent to withdraw the claim on appeal.

CONCLUSIONS OF LAW

The criteria for withdrawal of the claim for an effective date prior to April 8, 2013 for a rating increase to 100 percent for a kidney disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from November 1979 to September 1987. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. In the present case, the Veteran contacted a VA Regional Office in May 2019 and communicated his intent to cancel his scheduled hearing before a Veterans Law Judge and withdraw this matter on appeal. 

Accordingly, the Veteran has communicated his intent to not pursue this matter, the Board considers the claim withdrawn. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kyle McKone

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.