Citation Nr: 21070964
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 15-07 717
DATE: November 29, 2021

ORDER

As the claim is withdrawn, the claim of entitlement to service connection for a cardiac disorder is dismissed.

As the claim is withdrawn, the claim of entitlement to service connection for a low back disorder is dismissed.

As the claim is withdrawn, the claim of entitlement to service connection for bilateral arm disorder is dismissed.

As the claim is withdrawn, the claim of entitlement to service connection for a bilateral leg disorder is dismissed.

As the claim is withdrawn, the claim of entitlement to service connection for bilateral knee disorder is dismissed.

FINDING OF FACT

In September 2021 prior to the promulgation of a decision in the appeal, the Department of Veterans Affairs (VA) received notification from the Veteran that he sought to withdraw the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 March 1964 to March 1984. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the Veteran's claims in December 2018, September 2020 and July 2021. Next, on September 14, 2021, VA received an "Appeals Satisfaction Notice" from the appellant that was signed, dated, and included the appellant's VA claim number.

Withdrawal of Claims

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 C.F.R. § 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55(a). The withdrawal should be filed with the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55 (b)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c).

This appeal was most recently remanded in July 2021. See BVA Decision (July 2021). Prior to that remand, a supplemental statement of the case (SSOC) was issued that addressed entitlement to service connection for cardiac disorder, right arm disorder, left leg disorder, low back disorder, left arm disorder, right leg disorder, left knee disorder and right knee disorder. See SSOC (May 2021). That SSOC included an Appeals Satisfaction Notice. See SSOC (May 2021). In September 2021, the Veteran returned the Appeals Satisfaction Notice, which noted that by signing and submitting the form he was asking to withdraw all remaining issues addressed in the recent SSOC. See Correspondence (September 2021). See also, Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received). Specifically, the Veteran indicated he wished to "withdraw all remaining issues associated with this appeal." The request included the Veteran's name, his social security number, and specified that the appeal was withdrawn in its entirety. 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.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. M. Pesin

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.