Citation Nr: 21073345
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 15-08 988A
DATE: December 8, 2021

ORDER

As the appeal has been withdrawn, the appeal is dismissed.

FINDING OF FACT

On January 19, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through his representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from January 2009 to October 2012.

This appeal comes before the Board of Veterans' Appeals (Board) on appeal from a February 2013 rating decision that granted service connection for (1) low back strain disability and assigned a 10 percent rating; (2) gastroesophageal reflux disorder (GERD) disability and assigned a 10 percent rating; (3) left shoulder strain and assigned a 10 percent rating; (4) left knee chondromalacia patella disability and assigned a noncompensable rating; (5) right knee strain disability and assigned a noncompensable rating; (6) left ankle strain disability and assigned a noncompensable rating; (7) right ankle strain disability and assigned a noncompensable rating; (8) left wrist strain disability and assigned a noncompensable rating; and (9) right wrist strain disability and assigned a noncompensable rating. Each award was effective from October 12, 2012.  See Rating Decision (February 2013).  This appeal arose from the Veteran's disagreement with the initial disability ratings assigned.  See NOD (notice of disagreement) (April 2013).

In an October 2018 rating decision, the Veteran's low back strain disability was increased to 40 percent, his left knee disability was increased to 30 percent, his right knee disability was increased to 30 percent, and his left shoulder strain disability was increased to 20 percent, all effective from August 14, 2018.  See Rating Decision (October 2018).  Despite the assignment of an increased rating, the full benefits sought have not been granted with respect to each claim, and these claims for increase remained on appeal.  See AB v. Brown, 6 Vet. App. 35 (1993). 

Thereafter, following certification of the appeal to the Board, the Veteran was notified by letter dated in December 2020 that he had been reserved the date of January 12, 2021, for the hearing he had requested on his substantive appeal before a member of the Board (Veterans Law Judge).  See Correspondence (December 2020).  In response to the Board hearing notification letter, VA received written correspondence from the Veteran, through his representative in this appeal, that included the Veteran's name and claims file number, which clearly and unequivocally reflects a desire to withdraw the appeal and the hearing request.  See VA Form 21-4138 (January 2021) and Email Correspondence (January 2021). 

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 (appellant), through his authorized representative, has withdrawn this appeal and, 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	J. M., 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.