Citation Nr: 21031661
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 19-25 666
DATE: May 24, 2021

ORDER

A rating in excess of 60 percent for prostate cancer residuals, status post prostatectomy, is dismissed.

FINDING OF FACT

In March 2021, the Veteran withdrew his claim for a higher evaluation for prostate cancer.

CONCLUSION OF LAW

The criteria for withdrawal have been met. 38 U.S.C. § 7105; § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1966 to August 1967.  

This appeal was previously before the Board in October 2019, April 2020, and most recently in January 2021.  

In March 2021, the Veteran wrote to VA indicating that he wished to withdraw his appeal of the evaluation assigned for his service connected prostate cancer.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. § 19.55. Withdrawal may be made by the Veteran or by his authorized representative. § 19.55.

In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.