Claim Raven explanation
What this means
An appellant or authorized representative may withdraw some or all issues in a legacy appeal. This rule specifies the required content, filing location, and when a withdrawal takes effect.
Withdrawing an issue can end its current appeal path, and later review remains subject to applicable timing and filing rules. A request should clearly distinguish the issue being withdrawn from any issues you intend to continue.
How this helps your claim
Before relying on a withdrawal, compare the written request with the actual appeal scope and transfer status. Keep confirmation so there is no uncertainty about which issues remained pending.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Identify each issue named in the withdrawal.
- Check whether the appeal had transferred to the Board when the request was filed.
- Review the withdrawal's effect on the remaining appeal and any later filing deadline.
Be clear about the exact issue being withdrawn
A legacy appeal can contain several issues. A withdrawal should specify whether it concerns all issues or only named ones. Keep that scope separate from a request to cancel a hearing or change representation, which may not mean the same thing.
Read the filing-location and effective-time provisions before interpreting later correspondence. The procedural consequence depends on what was withdrawn and when the withdrawal took effect. An informal statement about being frustrated with the process should not be assumed to describe the intended scope of a formal withdrawal.
Does withdrawal automatically preserve an earlier effective date?
No. Later filing and review remain subject to the applicable rules. Withdrawing an appeal can end its current path, so the consequences need to be understood for the particular issue. This provision should not be read as a general way to pause an appeal without timing effects.
Official regulatory text
38 CFR § 19.55
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 19.55 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 An appeal may be withdrawn as to any or all issues involved in the appeal.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) 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 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 Board.
(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) (§ 20.1100(a) of this chapter) 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), (d) (2016))
[68 FR 13236, Mar. 19, 2003, as amended at 81 FR 32649, May 24, 2016. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019]
Related references
- 38 CFR § 20.1100: Final Board Decisions Versus Remands
- 38 USC § 7105: Filing a Board Appeal
- 38 CFR § 3.2400: Modernized and Legacy VA Appeals Explained
- 38 CFR § 3.159: VA duty to assist: records and examinations
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