Citation Nr: 21075918
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 17-52 462
DATE: December 21, 2021

ORDER

The appeals for entitlement to increased disability ratings for radiculopathy of both legs, a left ankle prosthesis, degenerative arthritis of the spine, and a total disability rating based upon individual unemployability are dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.204(b).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1974 to July 1976 and from March 1977 to February 1995, to include service in Operation Desert Shield/Storm.

The Veteran, who is the appellant in this case, perfected an appeal to the Board regarding the issues listed above, in November 2017.  In November 2021, he wrote to the Board indicating that he had recently been rated as 100 percent disabled on a schedular basis.  (He was also awarded special monthly compensation.)  He stated that although he continues to believe in the validity of his claims, considering his recent award, he would hate to take up a slot that another Veteran could benefit from, and that he therefore wished to withdraw his appeal from further consideration.

The Board appreciates the Veteran's generosity of spirit and assures him that we will now promptly turn our attention to the next Veteran's appeal.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

Continued on the next page

In the present case, the Veteran submitted an unambiguous written statement withdrawing his appeal in the entirety. This document included his name, claims folder number and signature. See 38 C.F.R. § 20.204(b). Thus, the Veteran validly withdrew the claim.  Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Hence, there remain 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.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Harter, Heather J.

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.