Citation Nr: 21074746
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 17-52 451
DATE: December 16, 2021

ORDER

The appeal with respect to entitlement to a compensable rating for hypertension is dismissed. 

FINDING OF FACT

By correspondence received in May 2021, prior to the promulgation of an appellate decision, the Veteran requested, through his representative, that the present appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran and/or his 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 U.S. Army from June 1977 to June 1984. He also had service in the U.S. Army Reserve.  His decorations include the National Defense Service Medal.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55. Only an appellant, or an appellant's authorized representative, may withdraw an appeal. Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id.

By correspondence received in May 2021, prior to the promulgation of an appellate decision, the Veteran requested, through his representative, that the present appeal be withdrawn. The correspondence included the Veteran's name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joseph T. Leonard, 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.