Citation Nr: 21074148
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 18-14 720
DATE: December 14, 2021

ORDER

Entitlement to service connection for a left ankle disability is dismissed.

FINDING OF FACT

In correspondence dated in December 2021, prior to the promulgation of a decision in the appeal, the Veteran's authorized representative indicated that the Veteran elected to withdrawal his appeal as to the issue of entitlement to service connection for a left ankle disability.

CONCLUSION OF LAW

The criteria for withdrawal of the Veteran's appeal as to the issue of entitlement to service connection for a left ankle disability by the Veteran's 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 from March 1967 to November 1968.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2015 Rating Decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).

On his March 2018 VA Form 9, the Veteran requested a Board videoconference hearing.  This hearing was initially scheduled for September 2021, and later postponed until December 2021.  However, prior to that hearing, correspondence was received reflecting that the Veteran elected to withdraw the issue on appeal.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision by the appellant or by his or her authorized representative.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the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, then the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  38 C.F.R. § 19.55 (b)(1).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). 

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In this case, prior to the promulgation of a decision in the appeal, the Veteran called VA and indicated that he elected to withdraw his claim before the Board, as reflected in a November 2021 Report of General Information.  Thereafter, the Veteran's authorized representative indicated that the Veteran elected a withdrawal of his appeal as to the issue of entitlement to service connection for a left ankle disability in correspondence dated in December 2021.  Hence, the Board finds that the December 2021 statement satisfies the requirements of a withdrawal as to this issue and that there remain no allegations of errors of fact or law for appellate consideration. 38 C.F.R. § 19.55.  Accordingly, the Board does not have jurisdiction to review the appeal and the issue of entitlement to service connection for a left ankle disorder is dismissed.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Anthony M. Flamini

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.