Citation Nr: 25003472
Decision Date: 03/12/25	Archive Date: 03/12/25

DOCKET NO. 16-01 026
DATE: March 12, 2025

ORDER

The appeal is dismissed.

FINDING OF FACT

On February 19, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her 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 or her 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 from November 1973 to November 1976. He died in May 2023. The appellant is his surviving spouse who has been properly substituted in this case.

This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. §?7107(a)(2); 38 C.F.R. § 20.800(c).

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 an authorized representative. Id. 

In the present case, in a February 2025 VA Form 21-4138 statement in support of claim, the appellant, through her attorney, stated that she wished to withdraw the claims for an increased rating for right knee posttraumatic degenerative joint disease and service connection for a left ankle disability. In a separate February 2025 correspondence, the appellant's attorney indicated that the hearing needs to be canceled because the appeals are being withdrawn. 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.

The Board notes that the appellant has a separate appeal pending at the Board under the modernized review system. That appeal remains pending at the Board and is not affected by the instant dismissal of the legacy appeal.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.