Citation Nr: 25005369
Decision Date: 04/21/25	Archive Date: 04/21/25

DOCKET NO. 15-14 486A
DATE: April 21, 2025

ORDER

The appeal concerning the issue of entitlement to service connection for a left knee disability is dismissed.

FINDING OF FACT

On April 22, 2024, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (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 are 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 April 2024, the Veteran requested to withdraw this appeal. 04/22/2024 VA 27-0820 Report of General Information. 

While the Board did subsequently remand the claim, the law is clear that a withdrawal is effective when received. Id. Further, a Board remand is not a decision. See 38 U.S.C. § 7252; 38 C.F.R. § 20.1100(b) ("A remand is in the nature of a preliminary order and does not constitute a final decision of the Board."). Subsequent to the withdrawal, neither the Veteran nor his representative have made argument in this appeal beyond perfunctory statements that the representative supported the Veteran's right to appeal set forth in Informal Hearing Presentations. 08/14/2024 Appellate Brief; 02/04/2025 Appellate Brief.

As there remain no allegations of errors of fact or law for appellate consideration with regard to the claim of service connection for a left knee disability, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

M. MILLS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.