Citation Nr: 21025510
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 16-14 715
DATE: April 28, 2021

ORDER

The appeal of entitlement to service connection for left arm numbness is dismissed.

FINDING OF FACT

On August 21, 2017, 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 the appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to service connection for left arm disability have been 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 1970 to December 1971.

This matter comes before the Board of Veteran’s Appeals (Board) on appeal from an October 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Dismissal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive veteran benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue withdrawn from the appeal. Id. 

In the present case, the Veteran, through his authorized representative, has withdrawn this issue. In August 2017, prior to the promulgation of an appellate decision, a correspondence was made and included the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans’ Appeals

Law Clerk for the Board	N. Jamordee

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.