Citation Nr: 21040412
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 15-28 650
DATE: July 3, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

In February 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.  

CONCLUSIONS OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the Army from June 1967 to May 1969.

This matter is before the Board of Veterans' Appeals (Board) on appeal of a February 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In October 2018, the Veteran appeared at a Board videoconference hearing before the undersigned Veterans Law Judge.

In June 2019, the Board remanded the issues of entitlement to service connection for a right arm disability, a left arm disability, and for a left leg disability, for further development.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawals may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  

An effective withdrawal of a claim on appeal must be in writing, include the name of the Veteran (or claimant or appellant if other than the Veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. 5. 

In the present case, the Veteran submitted a statement in February 2021 indicating that he desired to withdraw his appeal as to the issues of entitlement to service connection for a right arm disability, a left arm disability, and for a left leg disability.  See February 2021, Appeals Satisfaction Notice.  The February 2021 statement contained the Veteran's name, claim number, and a specific indication that he wished to withdraw the issues of entitlement to service connection for a right arm disability, a left arm disability, and for a left leg disability.  Id.  There remains no allegation of error of fact or law for appellate consideration with regard to the claims for entitlement to service connection for a right arm disability, a left arm disability, and for a left leg disability, and the issues must be dismissed.  See 38 C.F.R. § 19.55; Hembree, 33 Vet. App. 5-7.

In reaching this determination, the Board acknowledges that in a May 2021 Informal Hearing Presentation (Informal), the Veteran's representative, The American Legion, offered written argument in support of the Veteran's appeal.  The Board notes that The American Legion did not challenge the Veteran's withdrawal of his appeal.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. D. Regan, 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.