[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR20.204]

[Page 76]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents
 
            Subpart C--Commencement and Perfection of Appeal
 
Sec. 20.204  Rule 204. Withdrawal of Appeal.

    (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withdrawn as to any or all issues involved in the appeal.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) Form and content. Except for appeals withdrawn on 
the record at a hearing, appeal withdrawals must be in writing. They 
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number, and a statement that the appeal is withdrawn.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withdrawn in its entirety, or list the issue(s) withdrawn from the 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 
agency of original jurisdiction until the appellant or representative 
filing the withdrawal receives notice that the appeal has been 
transferred to the Board. Thereafter, file the withdrawal at the 
following address: Director, Management and Administration (014), Board 
of Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420.
    (3) When effective. Until the appeal is transferred to the Board, an 
appeal withdrawal is effective when received by the agency of original 
jurisdiction. Thereafter, it is not effective until received by the 
Board. A withdrawal received by the Board after the Board issues a final 
decision under Rule 1100(a) (Sec. 20.1100(a) of this part) will not be 
effective.
    (c) Effect of filing. Withdrawal of an appeal will be deemed a 
withdrawal of the Notice of Disagreement and, if filed, the Substantive 
Appeal, as to all issues to which the withdrawal applies. Withdrawal 
does not preclude filing a new Notice of Disagreement and, after a 
Statement of the Case is issued, a new Substantive Appeal, as to any 
issue withdrawn, provided such filings would be timely under these rules 
if the appeal withdrawn had never been filed.

(Authority: 38 U.S.C. 7105(b) and (d))

[68 FR 13236, Mar. 19, 2003]