Citation Nr: 21075128
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 17-64 356
DATE: December 17, 2021

ORDER

The appeal for a separate compensable rating for bilateral lower extremity atherosclerosis of the distal vessels is dismissed.

FINDING OF FACT

On December 3, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of the appeal for a separate compensable rating for bilateral lower extremity atherosclerosis of the distal vessels is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for a separate compensable rating for bilateral lower extremity atherosclerosis of the distal vessels by the appellant, through his authorized representative, are 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 June 1962 to November 1988. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2012 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). 

The appeal for a separate compensable rating for bilateral lower extremity atherosclerosis of the distal vessels is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 a December 2021written statement, the Veteran, through his attorney representative, stated that he desired to formally withdraw his appeal for a separate compensable rating for bilateral lower extremity atherosclerosis of the distal vessels because he was satisfied with his rating at this time. See Third Party Correspondence received 12/03/2021.  

In order for the withdrawal to be effective the request needs to have the veteran's name, VA file number, and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with the applicable regulation). Since the December 2021 statement complied with the aforementioned, the Board finds that it was an effective withdrawal of the claim for a separate compensable rating for bilateral lower extremity atherosclerosis of the distal vessels.

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Hence, there remains 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.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Dixon, 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.