Citation Nr: 21067031
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 15-25 701
DATE: November 3, 2021

ORDER

As the legacy appeal has been withdrawn, the issue of entitlement to service connection for a left hip disability is dismissed.

FINDING OF FACT

On October 2, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his attorney, that a withdrawal of the issue of entitlement to service connection for a left hip disability is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to service connection for a left hip disability by the appellant, through his attorney, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who is the appellant, served on active duty from September 1990 to August 1993.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Board decisions in September 2018 and January 2020, amongst other things, remanded the claim for additional development.

Entitlement to service connection for a left hip disability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, in a September 2020 written statement submitted by his attorney and received prior to a decision by the Board, the Veteran explicitly withdrew his legacy appeal.  See VA 21-4138 Statement In Support of Claim (October 2020).  See also, Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received).  Specifically, the Veteran indicated he "would like to withdraw my claim for service connection for left hip condition."  See VA 21-4138 Statement In Support of Claim (October 2020).  The request included the Veteran's name, his social security number, and specified that the claim of entitlement to service connection for a left hip disability was withdrawn.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  However, the claims of entitlement to increased ratings for headaches and depressive disorder, and entitlement to an earlier effective date for a total disability rating based on individual unemployability due to service-connected disability (TDIU), appealed under the Appeals Modernization Act (AMA) system remain active and will be addressed in a separate decision.

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Accordingly, the legacy appeal is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Thaddaeus J. Cox, 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.