Citation Nr: 21032427
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 13-22 700
DATE: May 27, 2021

ORDER

Entitlement to service connection for lumbar strain is dismissed.

FINDING OF FACT

On May 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 from October 1965 to September 1991.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In his July 2013 substantive appeal to the Board, the Veteran requested a Board hearing by live videoconference. He was scheduled for a hearing in July 2016. Prior to the hearing, in a correspondence received by VA in July 2016, the Veteran requested that his hearing be postponed because he was not available to attend. 

In September 2017, the Board remanded the Veteran's claim to afford him another opportunity for his requested videoconference hearing. However, as discussed below, he withdrew his appeal prior to the scheduling of his requested hearing.

Entitlement to service connection for lumbar strain

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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case, in a written statement received by VA in May 2021, the Veteran, through his authorized representative, has withdrawn this appeal. See May 2021 VA Form 21-4138, Statement in Support of Claim. 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.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.