Citation Nr: 21025588
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 18-19 704
DATE: April 28, 2021

ORDER

The appeal for entitlement to service connection for a traumatic brain injury (TBI) is dismissed.

FINDING OF FACT

On April 14, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 September 2003 to June 2005.

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a March 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA) that denied service connection for a TBI.  The Veteran perfected his appeal of that decision in April 2018.   

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Appeal withdrawals must include the name of the appellant, the file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify the issues withdrawn or specify that the appeal is withdrawn in its entirety. 38 C.F.R. § 19.55 (b).

In April 2021, the Veteran filed a statement indicating that he wished to withdraw his appeal. The statement included the Veteran’s name and claims file number. There was only a single issue on appeal.  The April 2021 is thereby found to meet the requirements to withdraw an appeal.  Accordingly, as there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Douglas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.