Citation Nr: 21070011
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 19-28 076
DATE: November 22, 2021

ORDER

The issue of entitlement to an increased rating for left ankle arthritis is dismissed.

FINDING OF FACT

On November 4, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal of the issue of entitlement to an increased rating for left ankle arthritis was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to an increased rating for left ankle arthritis are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Air Force from April 1951 to April 1955.

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

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. In the present case, the Veteran withdrew his claim for entitlement to an increased rating for left ankle arthritis in a November 4, 2021 appeal withdrawal notice. Therefore, 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.

 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.