Citation Nr: 21068191
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-09 712
DATE: November 9, 2021

ORDER

The appeal for entitlement to service connection for a right hip disorder is dismissed.

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

FINDING OF FACT

On January 16, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  

A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  38 C.F.R. § 19.55(b)(1).  In a January 2019 VA Form 21-4138, Statement in Support of Claim, the Veteran provided his name, VA file number, and a written statement withdrawing the issues of entitlement to service connection for a right hip disorder and a right knee disorder.  Id.  In November 2021, he submitted another VA Form 21-4138, which included the required information, requesting again to withdraw all issues on appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.