Citation Nr: 23010331
Decision Date: 02/17/23	Archive Date: 02/17/23

DOCKET NO. 08-17 668
DATE: February 17, 2023

ORDER

The appeal is dismissed.

FINDING OF FACT

On February 24, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his attorney, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by 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 Veteran had active military service from August 1967 to September 1969.

This matter comes before the Board of Veterans' Appeals (Board) from July 2005 and July 2008 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

In August 2020, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ).

This case was most recently before the Board in March 2011.  The Board decided the case in part and remanded the remaining issues.

1. The appeal is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 or by his or her authorized representative.  Id.  In the present case, the Veteran, through his attorney, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The Board received the Veteran's written withdrawal from his attorney in February 2022.  The attorney explained that the Veteran wanted to withdraw his appeal and withdraw his request for a hearing before the Board.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.