Citation Nr: 21070890
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 17-50 378
DATE: November 26, 2021

ORDER

The appeals as to service connection for the left shoulder, right shoulder, and sleep apnea, as well as increased ratings for a right forearm fracture, right elbow, and right forearm limitation of motion are dismissed.

FINDINGS OF FACT

1.  The Veteran had active duty from May 1987 to May 2007.

2.  In July 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's authorized representative that withdrawals of these appeals were requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  

In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The Board initially sent him an August 2021 withdrawal clarification letter, but upon review, the July 2021 withdrawal letter from his authorized representative was clear and unambiguous regarding the intention to withdraw all issues on appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration.  See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record).

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.