Citation Nr: 21069812
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 18-31 043
DATE: November 19, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. In July 2018, a rating decision was issued granting service connection for degenerative joint disease of the left and right hands. 

2. At the Board hearing held on November 10, 2021, with the undersigned Veterans Law Judge, prior to the promulgation of a decision in the appeal, the Veteran requested that her appeal be withdrawn. 

CONCLUSIONS OF LAW

1. As the benefit sought on appeal has been granted in full, the appeals for entitlement to service connection for left and right hand conditions are dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 19.22.

2. The criteria for withdrawal of an appeal by the Veteran has been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

This matter originally came before the Board from a June 2017 rating decision issued by a VA Regional Office (RO), which, in pertinent part, denied service connection for left and right hand conditions, claimed as bilateral hand condition secondary to service-connected carpal tunnel syndrome. Subsequently, a July 2018 rating decision granted service connection for degenerative joint disease of the left and right hands, and assigned 8 separate ratings for individual digits.

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. Furthermore, an appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  The July 2018 rating decision effectively granted the appellant's appeal, and a case or controversy on those issues no longer exists. See generally Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997); Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997).  Additionally, at the Board hearing held on November 10, 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that she did not have any additional hand disabilities, other than the conditions that she has already been service connected for, and requested that her appeal be withdrawn. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Temple, 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.