Citation Nr: 21023664
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 19-08 259
DATE: April 21, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On April 12, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through his authorized representative, are 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 from August 1996 to March 2012. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 authorized representative. 38 C.F.R.§ 19.55. 

On April 12, 2021, the Veteran withdrew his appeal of the issue of entitlement to service connection for traumatic brain injury (TBI). The statement also cancelled the Board hearing scheduled for April 12, 2021 and it included the Veteran’s name and VA file number. See 04/12/2021 VA 21-4138, Statement in Support of Claim; see 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 the applicable regulation).

In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Tremont

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.