Citation Nr: 21068330
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 16-58 259
DATE: November 10, 2021

ORDER

Entitlement to service connection for glaucoma is dismissed.

Entitlement to service connection for right ankle foot osteoarthritis is dismissed. 

FINDING OF FACT

In a September 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw all his pending appeals before the Board. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim of entitlement to service connection for glaucoma have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the claim of entitlement to service connection for right ankle foot osteoarthritis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from April 1991 to May 1997.

In September 2021, the Veteran withdrew his request for a Board hearing.  Given such, the Board finds that the Veteran's request for a Board hearing is deemed withdrawn. 

WITHDRAWAL

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204 (c).  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation.  They must include the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn.  38 C.F.R. § 20.204 (b) (1).  See Hembree v. Wilkie, 33 Vet. App. 1 (2020).

In a September 2021 correspondence, the Veteran notified VA of his desire to withdraw all his pending appeals before the Board.  

Based on the foregoing, the Board finds that the September 2021 correspondence, indicating the Veteran's name, file number, and intention to withdraw his appeal, satisfies the requirements for the withdrawal of a substantive appeal as to the claims of entitlement to service connection glaucoma and for right ankle foot osteoarthritis.  See Hembree, 33 Vet. App. at 6.  The withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 20.205.

Thus, the Board finds that the Veteran has withdrawn his appeal as to the above-mentioned claims and there remains no allegation of errors of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction to review the appeal and the claims are dismissed.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Abdelbary, 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.