Citation Nr: 21022274
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 20-29 707
DATE: April 15, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On May 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or by his authorized representative) with respect to the claims of entitlement to service connection for left wrist carpal tunnel, headaches, and right shoulder disability, and denial of higher ratings for cervical strain, bilateral hearing loss, lumbar strain, right knee patellofemoral syndrome, pes planus, left foot hallux valgus, right foot hallux valgus, and left leg shin splint 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 Army from April 1992 to January 2013, including service in Iraq from January to October 2006 and f range of motion June 2009 to June 2010.

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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.

Here, the Veteran submitted a letter through counsel in March 2021 in which he stated that he was withdrawing the above issues.  The appeal was pending before the Board at the time. The December 2020 VA Form 21-4138 satisfies the requirements of 38 C.F.R. § 20.205(b)(1) in that it includes the name of the Veteran, the VA file number, and a statement that the pending appeals were being withdrawn in its entirety. See also Hembree v. Wilkie, 33 Vet. App. 1 (2020) (“if the withdrawal includes the name of the appellant and the file number and unambiguously identifies the claims to be withdrawn, then the written withdrawal will be considered valid and the Board need not look to other evidence to find it so.”).  The Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Thus, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Booker

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.