Citation Nr: 21026404
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 16-33 104
DATE: May 3, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On July 2019, 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 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 December 1975 to June 1981 and from June 1981 to April 1985. He was honorably discharged from his first period of active duty, but was discharged under "other than honorable conditions" from the second period of service. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from August 2015 and September 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 authorized representative.  38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).  In the present case, the appellant in a July 2019 written letter, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.