Citation Nr: 21069184
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-51 092
DATE: November 17, 2021

ORDER

The appeal for entitlement to a compensable disability rating for linear scar above left eyebrow (previously rated as scar, above left eye, residual laceration) is dismissed.  

The appeal for entitlement to a compensable disability rating for scar, left thigh, residual laceration is dismissed.  

FINDING OF FACT

In October 2021 and November 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received a Statement in Support of Claim (VA Form   21-4138), through his authorized representative, which indicated that a withdrawal of the issues on appeal is requested.  

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

Preliminary Matters

The Veteran had honorable active duty service with the United States Navy from May 1958 to April 1960.  

This matter is before the Board on appeal from a December 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In April 2018, the Board remanded this appeal.  

The Board notes that, while the matter was in remand status, in a May 2018 VA Form 21-4138, the Veteran requested a hearing.  Accordingly, the Veteran was scheduled for a Board hearing in October 2021.  In an October 2021 VA Form    21-4138 received prior to the scheduled hearing, however, the Veteran indicated that he wished to withdraw both his Board hearing request and his pending appeal.  As such, the hearing request is deemed withdrawn.  

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 or her authorized representative.  Id.  A withdrawal becomes effective when it is received by the Board.  Id.  

In the present case, by way of an October 2021 and November 2021 VA Form 21-4138, the Veteran withdrew this appeal.  

As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Thus, the Board does not have jurisdiction to review the appeal, and it is dismissed.  

 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. MacDonald, 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.