Citation Nr: 21070717
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 18-52 807
DATE: November 24, 2021

ORDER

The appeal for a rating higher than 10 percent for service-connected right wrist tendonitis is dismissed.

FINDING OF FACT

On October 25, 2021, prior to the promulgation of a decision, the Veteran requested to withdraw his right wrist tendonitis appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for a rating higher than 10 percent for service-connected right wrist tendonitis 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 from January 1984 to December 1987.

This appeal arises from a September 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing before the Board as to the above appeal in November 2021. Prior to the hearing, on October 25, 2021, the Veteran submitted a statement indicating that he would like to withdraw his hearing and that he was "satisfied with the results" of his appeal. See October 2021 Correspondence. 

The present appeal is governed by the legacy appeals system; therefore, any request to withdraw his appeal must meet the standard outlined in 38 C.F.R. § 19.55. As the Veteran's October 2021 statement contains his name, his VA file number, and a clear statement that he is "satisfied with the results" of his appeal before the Board, his appeal has been properly withdrawn in line with § 19.55.

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. In the present case, the Veteran has withdrawn this appeal; therefore, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Tierno

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.