Citation Nr: 21064171
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 17-35 656
DATE: October 19, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision, the Veteran, through his representative, withdrew his appeal in a written statement received in February 2020. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran, through his representative, 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 from November 1966 to December 1968. 

This matter comes before the Board of Veterans Appeals (Board) on appeal from a rating decision issued in June 2015 by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Board notes that, in addition to the four issues listed below, the April 2017 statement of the case also addressed the issues of entitlement to an effective date prior to November 21, 2014, for the award of service connection for arteriosclerotic heart disease, and service connection for a right knee disorder and obstructive sleep apnea; however, the Veteran limited his appeal as to the below issues in his July 2017 substantive appeal.

The Board further observes that the Veteran was previously represented by the Military Order of the Purple Heart; however, such organization withdrew their representation in February 2020. Furthermore, in August 2021, the Board acknowledged that he was no longer represented by such organization.

1. Entitlement to an initial rating in excess of 30 percent for arteriosclerotic heart disease.

2. Entitlement to service connection for a left knee disorder. 

3. Entitlement to service connection for bilateral hearing loss.

4. Entitlement to service connection for tinnitus.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.; Hembree v. Wilkie, 33 Vet. App. 1 (2020).  

Prior to the promulgation of a decision, the Veteran, through his representative, withdrew his appeal, which only includes the above captioned issues, in a written statement received in February 2020. In this regard, such statement was in writing, authored by the Veteran's representative, included the correct file number, and explicitly identified the issues to be withdrawn. Therefore, 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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. M. Kelly, 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.