Citation Nr: 21062668
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 17-35 044
DATE: October 8, 2021

ORDER

Entitlement to an initial compensable rating for hypertension is dismissed.

FINDING OF FACT

On September 15, 2021, prior to the promulgation of a decision in the appeal, the Board received written 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 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1995 to December 1997, January 2003 to November 2004, and from June 2006 to June 2008.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  § 19.55.  

In the present case, the Veteran submitted a VA 21-4138 Statement in Support of Claim on September 15, 2021 in which she wrote, "I wish to withdraw my appeal and BVA hearing request."  The September 2021 statement included the Veteran's name and VA file number, and the hypertension issue was the only issue on appeal.  As such, the requirements of 38 C.F.R. § 19.55 have been met.

Therefore, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Cruz, K.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.