Citation Nr: 21031467
Decision Date: 05/22/21	Archive Date: 05/22/21

DOCKET NO. 19-03 851
DATE: May 22, 2021

ORDER

The appeal for entitlement to service connection for a bilateral eye condition is dismissed.

FINDING OF FACT

On April 14, 2021, and April 27, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant and his representative that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of service connection for a bilateral eye condition by the appellant and 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 had active service from October 2005 to June 2011, and from July 2015 to April 2017.

This case comes to the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) decision dated in May 2018. The Veteran initially requested a Board hearing, but in April 2021, he withdrew this appeal and his hearing request.

1. Service connection for a bilateral eye condition

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  

A written withdrawal of this appeal was received from the Veteran's representative in April 2021, and another written withdrawal was received from the Veteran in late April 2021. The withdrawals include the Veteran's name, VA file number, and a statement that this appeal is withdrawn. 38 C.F.R. §§ 19.55(b)(1). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.