Citation Nr: 21076698
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 17-49 118
DATE: December 27, 2021

ORDER

Entitlement to an initial rating in excess of 10 percent for service-connected degenerative arthritis of the right hip (right hip disability) is dismissed. 

Entitlement to an initial compensable rating for service-connected right hip disability based on limitation of flexion is dismissed. 

FINDING OF FACT

In November 2021, prior to the promulgation of a Board decision, the Veteran withdrew his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from May 1994 to February 1997. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In October 2020, the Veteran testified at a hearing.  The transcript of the hearing is of record.

By way of background, in May 2021, the Board remanded the issues of entitlement to service connection for bilateral shoulder disability and left hip disability as well as entitlement to an increased rating for a right hip disability and seronegative arthritis.  In a September 2021 rating decision, the RO granted service connection for bilateral shoulder disability and left hip disability and granted increased ratings for seronegative arthritis with an award of 100 percent combined rating.

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing.  38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or his authorized representative.  In this case, in a November 2021 correspondence, the representative stated that "the veteran is withdrawing his appeal."  The Veteran also stated that he was withdrawing his appeal regarding his right hip disability.  See November 2021 VA 21-4138 Statement in Support of Claim.  As the Veteran has withdrawn his right to appeal in accordance with 38 C.F.R. § 19.55, the Board no longer has appellate jurisdiction over the issue and can take no further action on the matter.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Noh, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.