Citation Nr: 21029854
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 16-07 519
DATE: May 17, 2021

ORDER

Service connection for a bilateral ear disorder is dismissed.

Service connection for a bilateral eye disorder is dismissed.

Service connection for a throat condition is dismissed.

Service connection for a bilateral knee condition is dismissed.

Service connection for a bilateral ankle condition is dismissed.

Entitlement to a compensable evaluation for allergic rhinitis is dismissed.

Entitlement to a rating in excess of 10 percent for hyposmia (loss of smell) is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his representative that a withdrawal of his pending claims was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

Introduction

The Veteran served on active duty from October 1986 to August 1987.

In April 2021, the Veteran's representative submitted a letter indicating he no longer wished to represent the Veteran in his appeals.  Pertinent regulation states that after the Agency of Original Jurisdiction (AOJ) has certified an appeal to the Board, a representative may not withdraw services as representative in the appeal unless good cause is shown on motion.  Good cause for such purposes is the extended illness or incapacitation of the representative; failure of the appellant to cooperate with proper preparation and presentation of the appeal; or other factors which make the continuation of representation impossible, impractical, or unethical. 38 C.F.R. § 20.6.  Here, the Veteran's attorney's withdrawal was submitted after certification of the appeal to the Board; his reason for withdrawing was that because the Veteran's pending claims before the Board had been withdrawn, that further representation would be "impossible, impractical, or unethical."  Unfortunately, the representative did not indicate with specificity why further representation while these claims are at the Board would be impossible, impractical, or unethical; rather, his withdrawal is based on a generic statement.  Therefore, the Board denies the requested withdrawal and finds that the Veteran's attorney remains his representative for purposes of this decision.

Dismissed Claims

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.  In the present case, the Veteran through his representative has withdrawn all pending appeals before VA and cited to those specifically noted on the first pace of this decision.  Hence, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	O'Connell, Jessica L.

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.