Citation Nr: 21032279
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 16-51 708
DATE: May 26, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a written statement received in April 2021, prior to the promulgation of a decision, the Veteran withdrew his appeal in its entirety.

CONCLUSION OF LAW

The criteria for withdrawal of the 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 from September 2005 to May 2012.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in February 2014 by the Department of Veterans Affairs (VA) Regional Office (RO).  

1. Entitlement to an initial compensable rating for left ankle osteoarthritis.  

2. Entitlement to an initial compensable rating for residuals of right ankle fracture.

 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.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.; Hembree v. Wilkie, 33 Vet. App. 1 (2020).  

In a written statement received in April 2021, prior to the promulgation of a decision, the Veteran withdrew his appeal in its entirety, which includes the above captioned issues. In this regard, such statement was in writing, authored by the Veteran, included the correct file number, and explicitly identified the issues to be withdrawn. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dawn A. Leung, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.