Citation Nr: 22018034
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-57 351
DATE: March 28, 2022

ORDER

The appeal for service connection for an acquired psychiatric disability is dismissed.

FINDING OF FACT

On June 12, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals 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

A Veteran may withdraw an appeal as to any or all issues. 38 U.S.C. § 7105; 38 C.F.R. § 19.55(a). Written appeal withdrawals must include: (1) the name of the veteran, (2) the applicable Department of Veterans Affairs file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1). If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue withdrawn from the appeal. Id. Following transfer of an appeal to the Board of Veterans' Appeals (Board), a withdrawal is effective when received by the Board. 38 C.F.R. § 19.55(b)(3). "Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies." 38 C.F.R. § 19.55(c).

On June 12, 2020, the Veteran, through his representative, field a correspondence labeled, "Withdrawal of Specific Claims and Withdrawal of Hearing Request," which was received by the Board. The Veteran's notice of withdrawal contains his printed name, his VA file number, is dated, and states that it is his decision to withdraw his appeal for service connection for an acquired psychiatric disability. The Veteran's representative signed the request for the withdrawal. Overton v. Nicholson, 20 Vet. App. 427, 438 (2006) ("[I]t is not unreasonable to conclude that a[] [veteran's] attorney is acting with the full authority and knowledge of his client and thus, to attribute to his client the attorney's actions and   communications."). The Board is satisfied that the Veteran has properly withdrawn his appeal for service connection for an acquired psychiatric disability through his representative. See Hembree v. Wilkie, 33 Vet. App. 1 (2020).

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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. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. F. Sawka, 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.