Citation Nr: 22015568
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 17-01 132
DATE: March 18, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 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 authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. In the present case, the appellant, through his authorized representative, in a written correspondence dated in January 2022, explicitly and unambiguously expressed intent to withdraw the appeal. Therefore, there remain no allegations of errors of fact or law for appellate consideration. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. MILLS

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.