Citation Nr: 21012052
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 17-47 547
DATE: March 3, 2021

ORDER

The appeal with respect to entitlement to an initial compensable rating for bilateral hearing loss is dismissed.

The appeal with respect to whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for peripheral neuropathy of the right upper extremity is dismissed.

The appeal with respect to whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for peripheral neuropathy of the left upper extremity is dismissed.

FINDING OF FACT

By correspondence received in February 2021, prior to the promulgation of an appellate decision, the Veteran asked that the present appeal be withdrawn. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and/or his representative 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 U.S. Army from January 1964 to January 1966, to include service in Vietnam. His decorations include the Combat Infantryman Badge. 

These matters come to the Board of Veterans’ Appeals (Board) on appeal from October 2015 and June 2018 rating decisions issued by Department of Veterans Affairs (VA) Regional Offices. 

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55. Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id.

In February 2021, prior to the promulgation of a Board decision on the matter, VA received correspondence from the Veteran’s representative indicating that the Veteran wished to withdraw the present appeal. The correspondence indicated that the Veteran wished to withdraw all three claims addressed herein and included his name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration with respect to these issues. Accordingly, the  

Board does not have jurisdiction to review the issues and the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Oldroyd, Associate 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.