Citation Nr: 21024049
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 09-06 039
DATE: April 22, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 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 an increased rating for his service-connected lumbar spine disability.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. A withdrawal becomes effective when it is received by the Board. Id. 

In the present case, and specifically in a document dated in January 2021, the Veteran explicitly and unambiguously, and with a full understanding of the consequences, withdrew his appeal for an increased rating for his service-connected lumbar spine disability. The written January 2021 document was uploaded to his claims file approximately one week later in that month. 

Approximately two months after the Veteran withdrew his appeal, his representative filed an informal hearing presentation (IHP) with the Board. 38 C.F.R. § 20.205(b)(3). The Board is under no obligation to further adjudicate an appeal that has been withdrawn. Hanson v. Brown, 9 Vet. App. 29, 32 (1996) (“When claims are withdrawn, they cease to exist.”). Withdrawal of an appeal also operates as a withdrawal of the notice of disagreement (NOD). 38 C.F.R. § 20.205(c). VA regulations permit claimants to renew appeals that they previously withdrew by filing a new NOD as long as the new NOD would have been timely (filed within one year of the applicable rating decision) had the withdrawn appeal never been withdrawn. Id. VA regulations do not provide a mechanism for renewing an appeal by filing an IHP directly to the Board. As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.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 the 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.