Citation Nr: 21062861 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 17-23 909 DATE: October 12, 2021 ORDER Entitlement to service connection for posttraumatic ankle arthritis, right, is dismissed. FINDING OF FACT In a February 2021 statement, prior to the Veteran's Board scheduled hearing and prior to promulgation of a Board of Veterans' Appeals (Board) decision in the case, a request to cancel the Veteran's February 16, 2021 Board hearing and request to withdraw the entirety of the appeal was received. The February 2021 statement is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant. CONCLUSION OF LAW The criteria for dismissal of entitlement to service connection for posttraumatic ankle arthritis, right, condition have been 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 in the United States Army from January 1979 to April 1979 and in the Air Force from February 1981 to February 1985. This matter comes before Board on appeal from a July 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for posttraumatic ankle arthritis, right, is dismissed. In his May 2017 substantive appeal to the Board, the Veteran requested a hearing before a Veterans Law Judge. The hearing was scheduled for February 16, 2021. However, on February 1, 2021, prior to the scheduled hearing, VA received a signed statement reflecting the Veteran's request to cancel his Board hearing and withdraw the entirety of the appeal. Here, the Board finds that the Veteran's hearing request is considered withdrawn. See 38 C.F.R. § 20.702. In regard to the claim on appeal, an appeal may be withdrawn as to any or all issues at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Such withdrawal may be made by the veteran or his authorized representative. Id. The Board notes in March 2016, the Veteran appointed the Oregon Department of Veterans Affairs as his representative via an executed VA Form 21-22. In an October 2020 statement, the Veteran's representative indicated that the Veteran wished to convert his request for an in-person hearing/ video hearing to a virtual tele-hearing. The request to cancel the hearing and withdraw the entirety of the appeal was then received in February 2021, shortly after a December 2020 Board notification letter was provided to the Veteran, and his representative, scheduling him for the February 2021 Board hearing. The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim. See Acree v. O'Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018) ("Resolution of Acree's appeal turns on the requirements necessary for an effective oral withdrawal of a claim at a Board hearing. We express no view on the criteria that must be satisfied when a veteran submits a written request to withdraw a claim"). The Court has held that "withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant." Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Here, a July 2016 rating decision, then a subsequent April 2017 statement of the case (SOC) denied entitlement to service connection for a right ankle condition. In May 2017, the Veteran formally appealed the denial to the Board, also requesting a Board hearing. His appeal was certified to the Board in June 2017. As noted above, the VA then received the Veteran's request for a virtual hearing instead of an in-person hearing in an October 2020 statement signed by the Veteran's representative. The Board hearing was then scheduled for February 2021. However, in February 2021, the VA received the Veteran's request to cancel the Board hearing and withdraw the entirety of the appeal. The Board notes that the Veteran himself, nor his representative, have provided further correspondence since receipt of the February 2021 request to cancel the hearing and withdraw the entirety of the claim on appeal. Accordingly, the Board finds that as the Veteran is represented, and the record reflects that his representative has submitted documents on his behalf in this case, the February 2021 letter is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the Veteran. Continued on the next page As such, the Board finds that the Veteran has validly withdrawn his appeal of the claim for entitlement to service connection for a right ankle condition. 38 C.F.R. § 19.55. There is therefore no longer any remaining allegation of error of fact or law concerning this issue. See 38 U.S.C. § 7105. Accordingly, the matter is dismissed. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Q. Alli, 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.