Citation Nr: 21029171
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 18-22 695
DATE: May 12, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In March 2020, the Veteran's representative explicitly and unambiguously withdrew the issues of entitlement to service connection for sinus bradycardia, bronchitis, dizziness, and headaches with a full understanding of the consequences of such action.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 in the United States Navy from September 1976 to September 1996, including service in the Persian Gulf.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).   

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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, in March 2020, the Veteran's representative explicitly and unambiguously withdrew the issues of entitlement to service connection for sinus bradycardia, bronchitis, dizziness, and headaches with a full understanding of the consequences of such action.  As such, 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.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.