Citation Nr: 21030062
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 19-22 405A
DATE: May 17, 2021

ORDER

The appeal with respect to the Veteran's entitlement to vocational rehabilitation and employment (VR&E) services, to include pursuit of a doctoral degree in osteopathic medicine (D.O.), pursuant to 38 U.S.C. Chapter 31, is dismissed.

FINDING OF FACT

By correspondence received in April 2021, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran and/or his representative 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 Marine Corps from January 2004 to January 2009.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from June 2018 and November 2018 decisions issued by the Vocational Rehabilitation and Employment Division of the Department of Veterans Affairs (VA) Regional Office in Montgomery, Alabama.

This case was previously before the Board in June 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development.  After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board.

Entitlement to VR&E services, to include pursuit of a doctoral degree in osteopathic medicine, pursuant to 38 U.S.C. Chapter 31

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

By correspondence received in April 2021, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.  The correspondence indicated that he wished to withdraw the appeal in its entirety and included his name and his VA file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, 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 the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Kettler, 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.