Citation Nr: 21024796
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 16-30 885
DATE: April 26, 2021

ORDER

The appeal with respect to entitlement to service connection for a disability of the right hip is dismissed.

The appeal with respect to entitlement to service connection for a disability of the lumbar spine is dismissed.

FINDING OF FACT

By correspondence received in January 2020, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 August 1976 to August 1979.

These matters come to the Board of Veterans’ Appeals (Board) on appeal from March and May 2015 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office in Nashville, Tennessee.

1. The appeal with respect to entitlement to service connection for a disability of the right hip is dismissed.

2. The appeal with respect to entitlement to service connection for a disability of the lumbar spine is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.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 January 2020, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal in its entirety.  The correspondence 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As the Veteran has withdrawn the appeal, there remain no allegations of error of fact or law for appellate consideration.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	John Kitlas, 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.