Citation Nr: 21072332
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 16-03 104
DATE: December 2, 2021

ORDER

Entitlement to compensation under 38 U.S.C. § 1151 for osteomyelitis in the left hand has been withdrawn and is dismissed. 

FINDING OF FACT

On September 14, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's representative that withdrawal of the appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) 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 Army from September 1978 to December 1978, from September 1980 to May 1992, from September 2001 to December 2002, from March 2003 to June 2003 and from November 2006 to August 2008.

This matter 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). 

In the Veteran's January 2016 substantive appeal, he requested a Board hearing before a Veterans Law Judge.  In September 2021, the Veteran withdrew his appeal.  Accordingly, the hearing request is deemed withdrawn.  See 38 C.F.R. § 20.704(e).

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c).  38 U.S.C. § 7107(b)(1).

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

On September 14, 2021, prior to the promulgation of a decision in the appeal, the Veteran's authorized representative requested a withdrawal of the Veteran's claim for entitlement to compensation under 38 U.S.C. § 1151 for osteomyelitis in left hand.

The withdrawal request has been documented in the Veteran's claims file. 

The Board concludes that the Veteran has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. 

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Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher M. Davidson

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.