Citation Nr: 21025188 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-21 217 DATE: April 27, 2021 ORDER A rating in excess of 10 percent for right lower extremity peripheral neuropathy is dismissed. FINDING OF FACT In December 2020, prior to the promulgation of a Board decision, the Veteran withdrew the appeal. CONCLUSION OF LAW The criteria for withdrawal of the appeal 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 from August 1962 to July 1969. The case is on appeal from a November 2011 rating decision. In July 2018 and July 2020, the Board remanded this claim for additional development. In an October 2020 statement, prior to the appeal being returned to the Board, the Veteran’s prior attorney withdrew as the Veteran’s representative. A rating in excess of 10 percent for right lower extremity peripheral neuropathy. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. In December 2020, the Veteran submitted a written statement. In doing so, the Veteran stated “I would like to withdraw the issue of an increased rating for [right lower extremity] peripheral neuropathy which was remanded by the Board of Veterans’ Appeals on 7/8/2020.” The Board finds that the Veteran’s written withdrawal of the appeal complied with 38 C.F.R. § 19.55. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that written requests to withdraw an issue on appeal in the Legacy system are governed by 38 C.F.R. § 20.204(b) (redesignated as 38 C.F.R. § 19.55(b), effective Feb. 19, 2019)). Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Hoopengardner, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.