Citation Nr: 19156458
Decision Date: 07/23/19	Archive Date: 07/22/19

DOCKET NO. 18-47 215
DATE:	July 23, 2019

ORDER

The appeal as to the matter of an increased rating for a right hip disability is dismissed.

The appeal as to the matter of an increased rating for a left hip disability is dismissed.

FINDING OF FACT

1. On June 26, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s attorney that a withdrawal of the bilateral hip disability appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 perfected an appeal with respect to claims for an increased rating for right and left hip disabilities in October 2018. However, the Veteran’s attorney withdrew the appeal in June 2019 correspondence and stated that the Veteran should have “no remaining appeals.” 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 pertaining to right and left hip disabilities and it is dismissed.

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	T. Davis, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.