Citation Nr: 21009250
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 17-38 982
DATE: February 22, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision by the Board, the Veteran through his representative, withdrew his appeal as to all issues in a February 2021correspondence.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1980 to September 2000. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to an initial rating in excess of 10 percent for right hip osteoarthritis.

2. Entitlement to an initial rating in excess of 10 percent for left hip osteoarthritis.

3. Entitlement to an effective date prior to July 9, 2015 for left hip ostearthritis.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, the Veteran through his representative withdrew the entirety of his appeal in a February 2021 correspondence. 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. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205. 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jonathan M. Estes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.