Citation Nr: 21024292
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 19-01 653
DATE: April 22, 2021

ORDER

The appeal seeking service connection for basal cell carcinoma, to include as due to herbicide agent exposure, is dismissed.

FINDING OF FACT

In a statement received on December 9, 2020, prior to the issuance of a Board decision on the matter, the Veteran’s attorney indicated that he wished to withdraw his appeal seeking service connection for basal cell carcinoma.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from April 1968 to March 1970.  This matter comes before the Board on appeal from an April 2016 Department of Veterans Affairs (VA) rating decision.  In January 2020, the matter was remanded for additional development.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Here, the appellant, through his attorney, submitted a December 2020 statement indicating that he wished to withdraw his appeal seeking service connection for basal cell carcinoma.  Hence, there remains no allegation of error of fact or law for the Board to consider in the matter.  Accordingly, the Board does not have jurisdiction to further review an appeal in the matter, and the appeal in the matter must be dismissed.  38 U.S.C. § 7105. 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Schechner, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.