Citation Nr: 19126455
Decision Date: 04/08/19	Archive Date: 04/06/19

DOCKET NO. 17-16 527
DATE:	April 8, 2019

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. The claim that was on appeal consisted of entitlement to service connection for a right elbow condition, to include as secondary to the service-connected disability of right shoulder impingement syndrome.  

2. On November 20, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran has withdrawn this appeal by a December 2018 statement and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Jason A. Lyons, Counsel