Citation Nr: 21021457
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 13-30 459
DATE: April 13, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

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

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty for training in the United States Army from July 1977 to October 1977, active duty from February 1980 to March 1984 and from June 1986 to October 2001.

In a September 2020 rating decision, the RO granted service connection for obstructive sleep apnea and TDIU effective May 17, 2013 (the date the Veteran was last employed). As these grants represent full grants of the benefit sought, these issues are no longer on appeal. Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997). 

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. In a March 2021 written statement, the Veteran, through his attorney representative, stated that he desired to formally withdraw his appeal for increased ratings for bilateral hearing loss, bilateral knee disabilities, lumbar spine, cervical spine, bilateral lower extremities, and earlier effective dates. The Board finds this statement is explicit, unambiguous as it clearly states what is to be done, and shows and understanding of the consequences. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); Cf. Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with 38 C.F.R. § 20.205(b)).

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In the present case, the Veteran, through his attorney, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Morales, 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.