Citation Nr: 21069034 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 18-10 986 DATE: November 17, 2021 ORDER 1. Entitlement to service connection for right hip condition is dismissed. 2. Entitlement to service connection for left hip condition is dismissed. 3. Entitlement to a temporary 100 percent disability rating for convalescence for right hip condition is dismissed. 4. Entitlement to a temporary 100 percent disability rating for convalescence for left hip condition is dismissed. FINDING OF FACT On September 29, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested. CONCLUSION OF LAW 1. The criteria for withdrawal of entitlement to service connection for right hip condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to service connection for left hip condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of entitlement to a temporary 100 percent disability rating for convalescence for right hip condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of entitlement to a temporary 100 percent disability rating for convalescence for left hip condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army from January 1995 to July 2001. A claimant or a claimant's representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 20.204(a). Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204(b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.204(b)(3). A written withdrawal request is effective where it includes (i) the name of the appellant, (ii) the file number, and (iii) a statement that the appeal is withdrawn. 38 C.F.R. § 20.204(b). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement. 38 C.F.R. § 20.204(c). There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996). In a September 2018 notice, the Veteran stated that he desired to withdraw all pending claims related to his bilateral hip condition. The letter contained the Veteran's name and file number, as well. As such the withdrawal effectively meets the requirements of 38 C.F.R. § 20.204. When a pending appeal is withdrawn, there no longer remains any allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the pending appeal is the appropriate disposition. See 38 U.S.C. § 7105(d). Accordingly, further action by the Board concerning the claims for entitlement to service connection for bilateral hip condition, to include all residuals thereof, is not warranted, and the appeal of the claims are dismissed. Id. The Board further notes that the Veteran filed a Supplemental Claim asserting the same issues as in this decision. See June 2021 Supplemental Claim. A rating decision was issued for this claim in November 2021 and the Veteran subsequently appealed later that same month. With the filing of a Supplemental Claim, the Veteran's bilateral hip condition claims are now under the Appeals Improvement and Modernization Act, Pub. L. No. 115-55, also known as the Appeals Modernization Act (AMA). Therefore, the Veteran's claims must be adjudicated using AMA rules and regulations which will occur in due course. See 38 C.F.R. §19.2(d) (eff. Feb. 19, 2019); 38 C.F.R. §3.2400. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. F. Minnitte, Attorney Advisor 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.