(a) When and by whom filed. Only an appellant, or an appellant's authorized representative, may withdraw an appeal. An appeal may be withdrawn as to any or all issues involved in the appeal.
(b) Filing—(1) Content. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.
(2) Where to file. Appeal withdrawals should be filed with the Board.
(3) When effective. An appeal withdrawal is effective when received by the Board. A withdrawal received after the Board issues a final decision under Rule 1100(a) (§ 20.1100(a)) will not be effective.
(c) Effect of filing. Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. Withdrawal does not preclude filing a new Notice of Disagreement pursuant to this subpart, a request for higher-level review under 38 U.S.C. 5104B, or a supplemental claim under 38 U.S.C. 5108, as to any issue withdrawn, provided such filing would be timely under these rules if the withdrawn appeal had never been filed.
(Authority: 38 U.S.C. 7105)
Notes of Decisions
Cited in
61
cases (
40 in the last 5 years), 2019–2023 · leading case:
190503-9036 (Board of Vet. App. 2019).
190503-9036 (Board of Vet. App. 2019).
· cites it 9× “§ 7105 (2012); 38 C.F.R. § 20.205 (2018). 2. The criteria for dismissal of the appeal regarding entitlement to service connection to PTSD have been met.”
190516-6089 (Board of Vet. App. 2020).
· cites it 8× “§ 7105 ; 38 C.F.R. § 20.205 . 2. The criteria for withdrawal of the appeal as to whether the decision to deny compensation for insomnia was clearly and unmistakably erroneous have been met.”
190702-23196 (Board of Vet. App. 2021).
· cites it 8× “§ 7105 ; 38 C.F.R. § 20.205 . 2. The criteria for withdrawal of the appeal as to the issue of service connection for bilateral pes planus have been met.”
201103-118181 (Board of Vet. App. 2021).
· cites it 7× “§ 7105 ; 38 C.F.R. § 20.205 . REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1969 to December 1970.”
191004-37526 (Board of Vet. App. 2021).
· cites it 6× “§ 7105 ; 38 C.F.R. § 20.205 . 2. The criteria for withdrawal of the issue of entitlement to a compensable disability rating for tension headaches are met.”
190510-20691 (Board of Vet. App. 2021).
· cites it 5× “§ 7105 ; 38 C.F.R. § 20.205 . 2. The criteria for withdrawal of the issue of an increased disability rating in excess of 10 percent for service connected Dequervain’s syndrome with arthritis of the left wrist by the Veteran have been met.”
191230-81616 (Board of Vet. App. 2020).
· cites it 4× “§ 7105 ; 38 C.F.R. § 20.205 . 2. The criteria for withdrawal of the appeal of entitlement to attorney fees of past-due benefits awarded in a May 2020 rating decision that effectuated a May 2020 Board decision have been met.”
200811-102708 (Board of Vet. App. 2021).
· cites it 4× “§ 7105 ; 38 C.F.R. § 20.205 . 2. The criteria for withdrawal of the appeal as to the issue of entitlement to a rating in excess of 10 percent for degenerative joint disease of the right hip by the appellant have been met.”
200806-89407 (Board of Vet. App. 2021).
· cites it 4× “§ 7105 ; 38 C.F.R. § 20.205 . 3. The criteria for withdrawal of the appeal as to the issue of entitlement to an increased rating for right knee strain are met.”
190827-27850 (Board of Vet. App. 2020).
· cites it 3× “§ 7105 ; 38 C.F.R. § 20.205 . REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1958 to February 1960.”
190614-23297 (Board of Vet. App. 2020).
· cites it 3× “§ 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.”
190805-18918 (Board of Vet. App. 2020).
· cites it 3× “§ 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.”
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