Citation Nr: 21027520
Decision Date: 05/06/21	Archive Date: 05/05/21

DOCKET NO. 15-18 630A
DATE: May 6, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On May 20, 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 (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.

A written withdrawal must include the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  See, Id.; Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677, *12 (August 31, 2020).  In the present case, the Veteran filed a statement with his name, claim number, and the following statement: "Due to the unfinalized Rating Decision 2/25/2019, I wish to withdraw my remaining open claims/appeals.  Thank you."  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.