Citation Nr: 22011104
Decision Date: 02/25/22	Archive Date: 02/25/22

DOCKET NO. 18-23 101
DATE: February 25, 2022

ORDER

The Veteran's appeal is dismissed.

FINDING OF FACT

On February 16, 2022, 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 (or his or her authorized 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 service in the United States Air Force from June 1966 to July 1986.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

An effective withdrawal of a claim on appeal must be in writing, include the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. 5. 

In the present case, the Veteran submitted a statement in February 2022 indicating that he desired to withdraw his appeal regarding the twenty claims before the Board.  See February 2022 Statement in Support of Claim.  He also desired to withdraw his Board hearing set for February 22, 2022.  The February 2022 statement contained the Veteran's name, claim number, and a specific indication that he wished to withdraw the twenty claims along with his scheduled Board hearing.  Id.  There remains no allegation of error of fact or law for appellate consideration with regard to the claims and the issues must be dismissed.  See 38 C.F.R. § 19.55; Hembree, 33 Vet. App. 5-7.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Zarar Ahmed, Attorney Advisor

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.