Citation Nr: 21064708
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 20-00 030
DATE: October 21, 2021

ORDER

The appeal for entitlement to an initial compensable disability rating for restless leg syndrome of the bilateral lower extremities is dismissed.  

FINDING OF FACT

On May 21, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his authorized representative, which indicated that a withdrawal of the issue on appeal is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

Preliminary Matters

The Veteran had honorable active duty service with the United States Army from December 1965 to December 1968.  

This matter is before the Board on appeal from an October 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Board notes that in his December 2019 substantive appeal (VA Form 9), the Veteran requested a hearing.  However, in a May 2020 correspondence, the Veteran's attorney indicated that the Veteran wished to withdraw the appeal for entitlement to an increased rating for his service-connected restless leg syndrome of the bilateral lower extremities.  Therefore, the Veteran's request for a Board hearing is also considered withdrawn.  

 

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, by way of a May 2020 correspondence, the Veteran, through his representative, withdrew 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.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.