Citation Nr: 22054892
Decision Date: 09/26/22	Archive Date: 09/26/22

DOCKET NO. 20-11 759
DATE: September 26, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

On August 18, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's authorized representative that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran's 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 in the United States Army from November 1984 to February 1988.  In March 2022, the Veteran testified before the undersigned Veterans Law Judge in support of his appeal for service connection for (1) a cervical condition, (2) bilateral upper extremity radiculopathy and (3) bilateral lower extremity radiculopathy.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 veteran/appellant or by his or her authorized representative.  38 C.F.R. § 19.55 (legacy).  In the present case, the Veteran's authorized representative withdrew this appeal in a letter received by the Board on August 18, 2022, 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.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Talpins

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.