Citation Nr: 21025842
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 16-29 071
DATE:    April 29, 2021

ORDER

The appeal for entitlement to service connection for giardiasis is dismissed.

FINDING OF FACT

In September 2020, 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 Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 

In a September 2020 statement, the Veteran requested that her appeal be dismissed. The statement contained the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. Accordingly, the Veteran’s withdrawal is in compliance with 38 C.F.R. § 19.55(b)(1).

When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board finds that the Veteran’s appeal has been withdrawn. The Board does not have jurisdiction over the issue; therefore, the Veteran’s appeal is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.