Citation Nr: 21070483
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-24 423
DATE: November 24, 2021

ORDER

The appeal for entitlement to service connection for a right shoulder disability secondary to service-connected bilateral knee disabilities is dismissed.

The appeal for entitlement to service connection for a lower back disability secondary to service-connected bilateral knee disabilities is dismissed.

The appeal for entitlement to service connection for right hip osteoarthritis as secondary to service-connected bilateral knee disabilities is dismissed.

The appeal for entitlement to service connection for left hip osteoarthritis as secondary to service-connected bilateral knee disabilities is dismissed.

FINDING OF FACT

In July 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement through his representative indicating that he wants to cancel his pending Board hearing and withdraw all remaining issues.

CONCLUSION OF LAW

The criteria for the withdrawal of the above appeals have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from December 1974 to April 1980.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision by the 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. Here, in July 2021, the Veteran's representative submitted a written and signed statement wherein the Veteran requested to cancel his pending hearing and withdraw the appeal of all issues pending before the Board. Therefore, since the Veteran's correspondence occurred prior to the promulgation of a Board decision on appeal and constitutes a formal withdrawal of the appeal, there remains no allegation of error of fact or law for appellate consideration as to these matters. The Board does not have jurisdiction to further review the appeal and it is dismissed. 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Townsend, 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.