Citation Nr: 21064462
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 17-21 514
DATE: October 20, 2021

ORDER

The appeal is dismissed.

 

FINDING OF FACT

In September 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal for a nonservice-connected pension, compensation under 38 U.S.C. § 1151 for left rotator cuff strain, and for service connection for a left hip and a right hip condition.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from September 1974 to February 1975.

The case is on appeal from an October 2014 rating decision.

1. A nonservice-connected pension.

2. Compensation under 38 U.S.C. § 1151 for left rotator cuff strain.

3. Service connection for a left hip condition.

4. Service connection for a right hip condition.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

In September 2021, the Veteran's representative submitted a statement canceling a scheduled Board hearing, and withdrawing the appeal.  The representative stated: "The Veteran wished to withdraw from this hearing and cancel his appeal."  

The Board finds that the Veteran's withdrawal of the issues on appeal 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); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  This was an express written statement made by the Veteran's representative.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.