Citation Nr: 21064736
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 19-26 845
DATE: October 21, 2021

ORDER

The appeal for service connection for a left knee disorder is dismissed.

The appeal for service connection for a right knee disorder is dismissed.

The appeal for service connection for a left hip disorder is dismissed.

FINDING OF FACT

On October 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that he wished to withdraw his appeal as to the issues of service connection for a left knee disorder, a right knee disorder, and a left hip disorder.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) are met.  38 U.S.C. § 7105 (d); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from December 1993 to June 1997.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO or AOJ).  The Veteran was provided notice of that rating decision on February 2, 2018.   

The Board notes that the Veteran's representative submitted a request to withdraw the appeal on October 7, 2021 and a request to withdraw representation that was received on October 12, 2021; however, at the time of the withdrawal of the Veteran's appeal, the Veteran was represented.

Withdrawn Appeals

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 (d).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

Appeal withdrawals must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn.  38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

In correspondence received by the Board on October 7, 2021, the Veteran's attorney indicated that her client (the Veteran) wished to withdraw the issues of left knee, right knee, and left hip.  The statement identified the Veteran and the claim number and clearly indicated the intent to withdraw the identified issues.  The Veteran's attorney signed this statement.  

The Veteran has withdrawn this appeal and has done so in a manner set out under 38 C.F.R. § 19.55.  The Board interprets the Veteran's statement, through his authorized representative, as a request to withdraw all issues on appeal, i.e. the appeal in its entirety.  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.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Smith, 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.