Citation Nr: 21076537
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 17-20 732
DATE: December 27, 2021

ORDER

Entitlement to service connection for testicular cancer is dismissed.

Entitlement to service connection for peripheral neuropathy is dismissed.

Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to November 17, 2016 is dismissed.

FINDING OF FACT

On October 11, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his attorney, that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of service connection for testicular cancer have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of service connection for peripheral neuropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of a rating in excess of 30 percent for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of a TDIU by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from February 1966 to February 1969. These matters came before the Board of Veterans' Appeals (Board) on appeal of December 2015 and June 2017 rating decisions. A Board hearing was scheduled for October 18, 2021; however, on October 11, 2021, the Veteran (through his attorney) withdrew his request for a hearing. See 38 C.F.R. § 20.704(e).

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In an October 11, 2021 letter, the Veteran's attorney stated that the Veteran directed him to withdraw his appeal. The signed statement constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the appeal was withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), renumbered as 38 C.F.R. § 19.55(b)). 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.

 

 

Rebecca N. Poulson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Roya Bahrami, 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.