Citation Nr: 21063574
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 17-44 898
DATE: October 14, 2021

ORDER

A rating in excess of 30 percent for a left hip disability is dismissed.

A rating in excess of 30 percent for a right hip disability is dismissed.

FINDING OF FACT

On April 19, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of his appeals for a rating in excess of 30 percent for a bilateral hip disability, was requested.  

CONCLUSION OF LAW

The criteria for withdrawal for the claims seeking a rating in excess of 30 percent for a bilateral hip disability 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 Veteran served on active duty from February 1988 to May 1988, from August 1996 to July 2006, from July 2006 to October 2007, and from October 2007 to November 2015.  

In an April 19, 2021 correspondence, the Veteran's representative stated that the Veteran was satisfied with the assigned rating for his bilateral hip disability, which was increased from 10 percent to 30 percent during the pendency of the appeal, and that he was not having any problems with either hip, and wanted to completely withdraw the issues on appeal. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by their authorized representative.  38 C.F.R. § 20.204.  Here, the Veteran, through his authorized representative, has withdrawn the appeal, as to the increased ratings claims for a bilateral hip disability and, hence, there remain no allegations of errors of fact or law for appellate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.  

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fu, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.