Citation Nr: 21039743
Decision Date: 07/01/21	Archive Date: 07/01/21

DOCKET NO. 17-28 515A
DATE: July 1, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On August 11, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant served on active duty from July 1961 to July 1964.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal of a September 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) which, in pertinent part, confirmed and continued a previously denied claim of service connection for arthritis of the bilateral hands.  A notice of disagreement was received in October 2016.  A Statement of the Case was issued in June 217.  The appellant perfected an appeal via his submission of a VA Form 9 later that month.  

In a January 2020 decision, the Board, in pertinent part, determined that new and material evidence had been received to reopen the claims of service connection for right and left hand arthritis.  The Board remanded the underlying claims for additional evidentiary development.  

On August 11, 2020, VA received a letter from the appellant's attorney representative indicating that the appellant wished to withdraw his claims of service connection for right and left hand arthritis.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

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In the present case, the appellant, through his authorized representative, has withdrawn this appeal regarding the issues of service connection for arthritis of the left and right hands.  The withdrawal was in writing, included the name of the appellant, the file number, and a clear statement that the appeal was withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Thus, the criteria for a withdrawal have been met and 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.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Laura Kirscher Strauss

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.