Citation Nr: 21012075
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 17-43 971
DATE: March 3, 2021

ORDER

Entitlement to service connection for hearing loss is dismissed.

Entitlement to service connection for a right shoulder condition is dismissed.

Entitlement to a rating higher than 20 percent for left tibia and fibula fracture with restricted ankle motion is dismissed. 

FINDING OF FACT

In February 2021, prior to issuance of a decision in the appeal, the Board received a written statement signed by the Veteran that he wished to withdraw the appeal.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision.  38 C.F.R. § 19.55(a).  Only an appellant, or an appellant’s authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran or the name of the claimant or appellant if other than the veteran, the applicable Department of Veterans Affairs (VA) file number, and a statement that the appeal is withdrawn.  38 C.F.R. § 19.55(b)(1).  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.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.  

A withdrawal received by the Board after the Board issues a final decision will not be effective.  38 C.F.R. § 19.55(b)(3).  

Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies  38 C.F.R. § 19.55(c).

Here, prior to issuing a decision in this matter, the Board received a February 2021 statement signed by the Veteran expressing his “wish to withdraw all issues” on appeal under the current docket.  It also lists the issues on appeal.  The statement contains his name and VA file number.   It was received prior to the Board issuing a final decision.  Accordingly, the criteria for withdrawal of an appeal are satisfied.  See id.

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As there remain no allegations of errors of fact or law respecting the issues on appeal, which has been withdrawn, the appeal is dismissed.  38 U.S.C. §  7105.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Rutkin, 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.