Citation Nr: 23001053
Decision Date: 01/06/23	Archive Date: 01/06/23

DOCKET NO. 18-31 847
DATE: January 6, 2023

ORDER

The appeal is dismissed.

FINDING OF FACT

On April 26, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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, in an April 2022 statement, the Veteran indicated that he wished to withdraw his appeal.  The written communication included the Veteran's name, VA file number, and a clear statement that withdrawal of the appeal was requested.  Thus, it meets the criteria for a withdrawal.  38 C.F.R. § 19.55; see Hembree v. Wilkie, 33 Vet. App. 1 (2020).

As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.