Board reasoning
The Board withdraws the appeal and dismisses it for lack of an appeal to decide; no issues remain for adjudication. The withdrawal was valid under 38 C.F.R. § 20.205, and therefore there are no allegations of error of fact or law for appellate consideration after dismissal.
Citation Nr: A26069963
Decision Date: 07/30/26 Archive Date: 07/30/26
DOCKET NO. 221215-305000
DATE: July 30, 2026
ORDER
This appeal concerning entitlement to an initial disability rating greater than 10 percent for the Veteran's service-connected irritable bowel syndrome has been withdrawn, and is accordingly dismissed.
FINDING OF FACT
Prior to the promulgation of a decision in the appeal, in July 2026, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal concerning entitlement to an initial disability rating greater than 10 percent for the Veteran's service-connected irritable bowel syndrome have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.
Withdrawal may be made by the appellant or by his or her authorized representative, and must include the name of the appellant, the applicable file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.205. In the present case, the Veteran's representative submitted written correspondence dated July 28, 2026 that included the Veteran's name and file number, and formally requested that the Veteran's appeal pending before the Board, initiated by a December 15, 2022 VA Form 10182, be withdrawn. The December 2022 VA Form 10182 concerned disagreement with the assigned initial rating for the Veteran's irritable bowel syndrome.
Such is a valid withdrawal under the provisions of 38 C.F.R. § 20.205, and therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the appeal is dismissed.
ANTHONY C. SCIRÉ, JR
Veterans Law Judge
Board of Veterans' Appeals
Attorney for the Board V. Chiappetta, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.