Citation Nr: 21066715
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 16-52 174
DATE: November 2, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On July 9, 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 this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service December 1982 to March 1988.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decision dated in July 2016 issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a virtual hearing in July 2021. However, his representative canceled this hearing in a July 2021 submission.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In a July 221 submission, the Veteran, through his representative, indicated that he was withdrawing his claim for entitlement to an increased rating for a shrapnel wound to the left forearm. See VA Form 21-4138 (rec'd July 9, 2021) ("Member concurs with 10% rating; was under the impression the hearing was for [an unrelated matter not in appellate status].").  This request for withdrawal of the issue on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claim.  See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020).  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issue.  Accordingly, the Board does not have jurisdiction over this issue, and the appeal is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.