Citation Nr: 21025738
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 11-12 171
DATE: April 28, 2021

ORDER

The appeal of service connection for rectal cancer is dismissed.

FINDING OF FACT

On March 16, 2020, 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 dismissal of an appeal, through his authorized representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran is currently represented by an accredited Veteran Service Organization.  The information presented by the Veteran’s representative in the March 16, 2020, VA Form 21-4138, Statement in Support of Claim, outlines a strategy and an intent on the part of the Veteran to withdraw his April 21, 2010, Notice of Disagreement Correspondence.  See March 2020 VA Form 21-4138, Statement in Support of Claim.  The Board finds this request to be “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018) (quoting DeLisio v. Shinseki, 25 Vet. App. 45 (2011)).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Small, Attorney Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.