Citation Nr: 21027259
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 18-12 891
DATE: May 5, 2021

ORDER

The appeal of the issue of whether the VA Form 9 substantive appeal received October 27, 2015, was timely is dismissed.

FINDING OF FACT

In a March 2021 statement and at an April 2021 hearing, the Veteran stated that he wished to withdraw the issue of whether the VA Form 9 substantive appeal received October 27, 2015, was timely, and does not want to continue his appeal to the Board of Veterans' Appeals.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of whether the VA Form 9 substantive appeal received October 27, 2015, was timely have been met. 38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1972 to March 1974.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision by the Department of Veterans Affairs (VA).

In April 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.

An appeal may be withdrawn by an appellant or his or her authorized representative as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38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. In a March 2021 letter, the Veteran's representative stated that "[the Veteran] no longer wants to pursue the appeal since he is already at a 100 percent disability rating. Please [withdraw]." At an April 2021 Board hearing, the Veteran and his representative confirmed that the Veteran wished to withdraw the issue. Accordingly, the Board does not have jurisdiction to review the issue, and the appeal is dismissed. 38 C.F.R. § 19.55. 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.