Citation Nr: 21073570
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 14-11 921
DATE: December 9, 2021

ORDER

The appeal for entitlement to an evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to October 9, 2019 and 70 percent from that date is dismissed.

The appeal for entitlement to service connection for bilateral hearing loss is dismissed.

The appeal for entitlement to service connection for hypertension is dismissed.

FINDING OF FACT

In November 2021, prior to promulgation of a decision in this appeal, the Board received notification from the Veteran stating he "wants to cancel appeal that is on the docket."

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 April 1969 to December 1971. The Board of Veterans' Appeals (Board) thanks the Veteran for his service to our country.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran submitted a VA Form 21-4138, Statement in Support of Claim, in November 2021 stating he "wants to cancel appeal that is on the docket."  Review of the record shows the Veteran had appealed the August 2010 rating decision which, in relevant part, granted service connection for PTSD and assigned an initial schedular rating and denied service connection for bilateral hearing loss and hypertension (he was notified of this decision by a September 2010 letter from the Regional Office).  There are no other matters on appeal.  Hence, the Board finds that the Veteran has withdrawn his appeal, and there remain no allegations of errors of fact or law for appellate consideration as to these claims.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed in its entirety.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K Hughes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.