Citation Nr: 21021410
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 17-37 320
DATE: April 12, 2021

ORDER

The appeal as to the claims of entitlement to an increased disability rating for residuals of a total right shoulder arthroplasty, entitlement to service connection for hypertension, sleep apnea, and diabetes insipidus, and entitlement to service connection for left elbow/left arm, right elbow/right arm, left ankle, and right ankle disabilities are dismissed.

FINDING OF FACT

In a written statement received in February 2021, prior to the promulgation of a decision in the appeal, the Veteran stated his desire to withdraw his appeal regarding his claims of entitlement to an increased disability rating for residuals of a total right shoulder arthroplasty, entitlement to service connection for hypertension, sleep apnea, and diabetes insipidus, and entitlement to service connection for left elbow/left arm, right elbow/right arm, left ankle, and right ankle disabilities.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issues of entitlement to an increased disability rating for residuals of a total right shoulder arthroplasty, entitlement to service connection for hypertension, sleep apnea, and diabetes insipidus, and entitlement to service connection for left elbow/left arm, right elbow/right arm, left ankle, and right ankle disabilities by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105(b)(2) (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Navy from February 1985 to February 1988.

In February 2019, the Board of Veterans’ Appeals (Board) remanded these matters for further evidentiary development.  (The Board also remanded claims for service connection for a psychiatric disorder and a left shoulder disability.  These claims have since been granted by the Agency of Original Jurisdiction (AOJ).)

Withdrawal and Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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 Veteran or by his or her authorized representative.  Id.

Here, in February 2021, prior to the promulgation of a Board decision with respect to these matters, the Veteran submitted a written statement (dated in January 2021) indicating that he wished to withdraw his appeal regarding the issues of entitlement to an increased disability rating for residuals of a total right shoulder arthroplasty, entitlement to service connection for hypertension, sleep apnea, and diabetes insipidus, and entitlement to service connection for left elbow/left arm, right elbow/right arm, left ankle, and right ankle disabilities.  The Board finds that the withdrawal satisfies the requirements for a written withdrawal.  38 C.F.R. § 20.205; see also Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that a written withdrawal request is effective where it includes the name of the veteran/claimant/appellant, the file number, and a statement that the appeal is withdrawn).  Accordingly, the Board finds that the appeal with respect to these claims has been withdrawn.

As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claims are dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Minot, 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.