Who May Withdraw an Appeal

3. Withdrawing and/or Reinstating an Appeal

Introduction

This topic contains information on

• who may withdraw an appeal
• requirements for withdrawal of an appeal
• procedures for withdrawn appeals under RO/DROC jurisdiction
• withdrawing appeals during a hearing
• requests to withdraw appeals under Board jurisdiction
• time limit for reinstating an appeal
• requirements for a request to reinstate an appeal
• processing requests to reinstate an appeal, and
• procedures for reinstating an appeal.

Change Date

March 12, 2025

7.A.3.a. Who May Withdraw an Appeal

An appeal (NOD or substantive appeal) can be withdrawn, in writing, at any stage in the appellate process by

• the appellant, or
• the authorized representative, including an attorney, without the written consent of the appellant.

Important:

• RO or DROC authority to effectuate withdrawal of appeals is limited to
• appeals that have not been transferred to the Board, or
• remanded appeals that have been returned from the Board to either the RO or DROC.
• If the appellant or representative files the withdrawal after the AOJ sends notice that an appellate record has been transferred to the Board or that a remanded appeal has been returned to the Board, then the Board must process the withdrawal of that appeal.

References: For more information on

• definition of an appellant, see M21-5, Chapter 7, Section A.1.b
• duties of a representative and power of attorney, see M21-1, Part I, Subpart i, Chapter 2.A.4.a
• withdrawal of an appeal by a representative, see 38 CFR 19.55
• requests to withdraw an appeal under the jurisdiction of the Board, see M21-5, Chapter 7, Section A.3.d, and
• DROC’s role with remanded appeals, see M21-5, Chapter 7, Section G.3.a.

7.A.3.b. Requirements for Withdrawal of an Appeal

A request to withdraw an appeal must be submitted in writing. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

Exception: A written submission is not required when the appellant withdraws an appeal on the record at a hearing. See M21-5, Chapter 7, Section A.3.a.

Notes:

• Failure of the appellant to report for an examination or furnish evidence requested by VA does not constitute withdrawal of an appeal.
• A withdrawal of an appeal documented in an e-mail or on VA Form 27-0820, Report of General Information, by a VA employee is not a valid withdrawal of an appeal and does not meet the requirement that the withdrawal be in writing.
• If it is not clear which issue(s) the appellant is withdrawing, contact the appellant to clarify and document the clarification on VA Form 27-0820. While the withdrawal of an appeal must be in writing, clarification of which issues are being withdrawn may be accepted through a telephone call.

Reference: For more information on handling a notice of death when an appeal is pending, see M21-5, Chapter 7, Section J.3.a.

7.A.3.c. Procedures for Withdrawn Appeals under RO/DROC Jurisdiction

When processing a valid withdrawal of appeal, follow the steps in the table below.

Scroll sideways to see the full table.

References: For more information on

• the Letter Creator tool, see the Letter Creator User Guide
• PCGL, see PCGL User Guide, and
• updating VACOLS, see VACOLS User Guide.

7.A.3.d. Withdrawing Appeals During a Hearing

If an appellant indicates a desire to withdraw appealed issues during a hearing, or to withdraw the appeal in its entirety, the statement of withdrawal must be explicit, unambiguous, and done with the appellant’s full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011).

The hearing official should ensure VA records the verbal withdrawal, and must instruct the appellant as follows:

1. “Please state for the record whether you are withdrawing this appeal in its entirety. If you are not withdrawing this appeal in its entirety, please state the specific issues you wish to withdraw.”
2. “Please state for the record your reasons for withdrawing this appeal/issue.” (If the hearing official determines the appellant’s reasons for withdrawal are based on misinformation or misconceptions regarding the appeals process, the official should provide the appellant with the correct information.)
3. “Do you have any questions regarding the withdrawal of this appeal/issue?”
4. “[Appellant's name], I need to explain the consequences of withdrawing your appeal. You have stated you wish to withdraw [state all issue(s) as indicated by the appellant]. If you withdraw these issues, that means you are no longer pursuing an appeal for benefits for them, and VA will not decide them. You will only be able to obtain additional compensation or other potential VA benefits based on those issues if you file another claim. Do you fully understand the consequences I have just discussed? Do you wish to proceed with withdrawing your appeal for these issues? [Make sure the responses are clear affirmations.]

Follow the steps outlined in M21-5, Chapter 7, Section A.3.c to complete the withdrawal.

Notes:

• It is imperative to obtain confirmation of any action from the appellant, even if there is an authorized representative present.
• If the VA official conducting the hearing believes the appellant is still unable to fully comprehend the discussion, the official may encourage the appellant and/or representative to submit a written withdrawal to support the verbal request. VA should afford the appellant 10 business days from the date of the hearing to submit the written withdrawal.
• Appellants who waive the right to have hearings recorded and transcribed must submit requests to withdraw appeals/issues in writing.

Reference: For more information on appellants waiving the right to have hearings recorded and transcribed, see M21-1, Part X, Subpart v, Chapter 1.D.6.d.

7.A.3.e. Requests to Withdraw Appeals Under Board Jurisdiction

Use the table below if an appeal withdrawal is received at the RO or DROC after the appellate record has been transferred to the Board.

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Important:

• Do not upload the withdrawal request directly to the electronic claims folder.
• Upon receipt of the documents, the Board will review the documents to determine the next appropriate action.

Reference: For more information on transfer of the appellate record to the Board, see M21-5, Chapter 7, Section F.4.

7.A.3.f. Time Limit for Reinstating an Appeal

The appellant or authorized representative can reinstate an appeal after it has been withdrawn if the request to reinstate is

• submitted in writing, or on the proper form, when required, and
• received by VA within the remaining appeal period.

References: For more information on

• receiving a substantive appeal within the appeal period, see 38 CFR 19.32, and
• the requirements for reinstating an appeal, see M21-5, Chapter 7, Section A.3. g.

7.A.3.g. Requirements for a Request to Reinstate an Appeal

Use the table below to determine what is required to successfully reinstate an appeal.

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Exception: If VA does not provide the appellant with VA Form 21-0958 as an enclosure with the decision notice, the appellant or authorized representative can successfully reinstate an NOD via written statement.

Note: If the appellant or authorized representative does not reinstate the NOD or substantive appeal, within the applicable appeal period, the previously disputed RO decision(s) will be regarded as final.

Reference: For more information on reinstating an appeal, see 38 CFR 19.55(c).

7.A.3.h. Processing Requests to Reinstate an Appeal

Use the table below to process a request to reinstate an appeal.

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7.A.3.i. Procedures for Reinstating an Appeal

If a request to reinstate an appeal is determined to be valid and timely, follow the steps in the table below.

Scroll sideways to see the full table.

References: For more information on

• reactivating a pre- Form 9 appeal in VACOLS, see the
• VACOLS User Guide, and
• M21-5, Chapter 6, Section B.4.b, and
• contacts for the Board, see the Microsoft Outlook e-mail distribution list, BVA Field Representative.