Citation Nr: 21075056
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 14-07 071
DATE: December 17, 2021

ORDER

The appeal seeking entitlement to an initial rating in excess of 10 percent for residual scar, status post ganglion cyst excision of the right hand is dismissed.

FINDING OF FACT

On December 10, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's representative that a withdrawal of the appeal was requested.

CONCLUSION OF LAW

The criteria for dismissal of an initial rating in excess of 10 percent for residual scar, status post ganglion cyst excision of the right hand 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. Marine Corps from October 1990 to October 1994.

In November 2017, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. 

In March 2018, October 2019 and October 2021, the Board of Veterans' Appeals (Board) remanded this matter for additional development.

Withdrawal

The Board emphasizes that any appeal which fails to allege specific error of fact or law in the determination being appealed may be dismissed. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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.

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In December 2021, the Veteran's representative submitted a Motion to Withdraw Appeal, which stated that the Veteran had submitted a signed statement indicating his desire to withdraw the issue on appeal. The Motion further requested that the Board withdraw the Veteran's appeal. This correspondence clearly and unambiguously indicates the Veteran's intent to withdraw the issue on appeal. The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim. See Acree v. O'Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018). Likewise, the Board has no basis to question the validity of the withdrawal or the Veteran's understanding of the consequences of withdrawing the appeal. Cf. Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Talton, John H.

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.