Citation Nr: 21076241
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 18-45 626
DATE: December 22, 2021

ORDER

The appeal of entitlement to an increased rating greater than 10 percent for status post right ankle fusion with degenerative osteoarthritis and joint disease prior to May 3, 2020 and greater than 20 percent thereafter is dismissed.

FINDING OF FACT

In a December 2021 written statement, received prior to the promulgation of a decision in the appeal in the matter, the Veteran indicated that he wished to withdraw his appeal as to the issue of entitlement to an increased rating greater than 10 percent for status post right ankle fusion with degenerative osteoarthritis and joint disease prior to May 3, 2020 and greater than 20 percent thereafter.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating greater than 10 percent for status post right ankle fusion with degenerative osteoarthritis and joint disease prior to May 3, 2020 and greater than 20 percent thereafter 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 United States Army from October 1994 to January 2000 and from July 2000 to June 2010.

Entitlement to an increased rating greater than 10 percent for status post right ankle fusion with degenerative osteoarthritis and joint disease prior to May 3, 2020 and greater than 20 percent thereafter

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In a December 2021 written statement, received prior to the promulgation of a decision in the appeal in the matter, the Veteran indicated that he wished to withdraw his appeal.

As the Veteran has knowingly and voluntarily withdrawn the appeal in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal, and the appeal in this matter must be dismissed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Katz, 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.