Citation Nr: 21012252
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 18-44 550
DATE: March 3, 2021

ORDER

The appeal with respect to entitlement to a compensable rating for residuals of bilateral inguinal hernia repair, including scars, is dismissed.

FINDING OF FACT

In February 2021, prior to the promulgation of an appellate decision, the Board received notification from the Veteran and his representative that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the 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 United States Navy from February 1964 to December 1967. His decorations include the Vietnam Service Medal. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Boston, Massachusetts.

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 An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55.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to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.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.

By correspondence received in February 2021, prior to the promulgation of an appellate decision, the Veteran and his representative requested withdrawal of the present appeal. The correspondence included the Veteran’s 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As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph T. Leonard, Law Clerk 

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.