Citation Nr: 21071122
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 18-23 399
DATE: November 29, 2021

ORDER

The appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for left hip bursitis is dismissed.

The appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for right hip bursitis is dismissed.

The appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for right knee pain is dismissed.

The appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for a right shoulder condition is dismissed.

FINDING OF FACT

On November 8, 2021, prior to the promulgation of a decision on this appeal, the Board received notification from the Veteran that she would like to withdraw her appeal to reopen the claims for entitlement to service connection for left hip bursitis, right hip bursitis, right knee pain, and a right shoulder condition.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for left hip bursitis by the appellant's authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for right hip bursitis by the appellant's authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for right knee pain by the appellant's authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal of whether new and material evidence has been received to reopen the claim for entitlement to service connection for a right shoulder condition by the appellant's authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from November 1985 to September 1987 and from June 1994 to March 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision.

The Veteran did not have a Board hearing.

Service Connection

1. Whether new and material evidence has been received to reopen the claim for entitlement to service connection for left hip bursitis

2. Whether new and material evidence has been received to reopen the claim for entitlement to service connection for right hip bursitis

3. Whether new and material evidence has been received to reopen the claim for entitlement to service connection for right knee pain

4. Whether new and material evidence has been received to reopen the claim for entitlement to service connection for a right shoulder condition

Only an appellant, or an appellant's authorized representative may withdraw an appeal. 38 C.F.R. § 20.205 (a). An appeal may be withdrawn as to any or all issues involved in the appeal. Id. Appeal withdrawals must include the name of the Veteran, the applicable file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.205 (b)(1). Appeal withdrawals should be filed with the Board and an appeal withdrawal is effective when received by the Board. 38 C.F.R. § 20.205 (b)(2)-(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. § 20.205(c). 

On November 8, 2021, the Board received a letter from the Veteran's representative stating the Veteran wishes to withdraw all issues currently pending at the Board. The Veteran's representative included the Veteran's name and file number in the withdrawal letter in accordance with 38 C.F.R. § 20.205 (b)(1).

As the Veteran has withdrawn her appeal as to these issues, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the Veteran's appeal as to these claims and they are dismissed.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alexia E. Palacios-Peters, 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.