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Regulation · 38 CFR § 20.205

38 CFR 20.205: Withdrawing a Modern Board Appeal

§ 20.205 Rule 205. Withdrawal of appeal.

Claim Raven explanation

What this means

This rule allows an appellant or authorized representative to withdraw all or selected issues from a Board appeal. The withdrawal must identify the case and clearly state its scope.

A withdrawal generally takes effect when the Board receives it, subject to the rule's final-decision limitation. Later review options and timing must be assessed separately; withdrawing does not automatically preserve every prior deadline.

How this helps your claim

Make sure the document says exactly which issues you intend to stop pursuing. If you plan to use another review option, examine the timing consequences before relying on the withdrawal.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Check the specific issues listed in the withdrawal.
  • Confirm the Board's receipt date and whether a final decision had already issued.
  • Review the requirements for any intended next review option.

Separate withdrawing an issue from changing a hearing

A Board appeal can involve several issues and a hearing request. Withdrawing an issue can end its appeal, while withdrawing a hearing request can have a different effect. The wording should make clear which action is intended.

Keep the withdrawal and evidence of receipt with the appeal documents. If only some issues are withdrawn, name them distinctly from the issues continuing. Later review possibilities should be assessed through their own filing and timing rules rather than assumed to remain unchanged after withdrawal.

Can a withdrawal undo a Board decision already issued?

The regulation includes a limitation concerning a final decision already promulgated. Withdrawal should not be treated as a way to erase an unfavorable completed decision. Other review procedures have different requirements, and the timing of the withdrawal must be established from the actual record.

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Official regulatory text

38 CFR § 20.205

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 20.205 Rule 205. 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 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)

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