Citation Nr: 21041372
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 17-00 694
DATE: July 9, 2021

ORDER

The appeal for an initial rating in excess of 10 percent for left hip, impairment of abduction, adduction, or rotation, is dismissed.

The appeal for an initial compensable rating for left hip, limitation of flexion, is dismissed.

The appeal for an increased rating in excess of 10 percent for left hip degenerative arthritis (previously 5252-5003), is dismissed.

FINDING OF FACT

On February 24, 2021, prior to the promulgation of a decision in the appeals, the Board received notification from the Veteran that a withdrawal of the appeals is requested. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent for left hip, impairment of abduction, adduction, or rotation, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of the appeal for an initial compensable rating for left hip, limitation of flexion, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

3. The criteria for withdrawal of the appeal for an increased rating in excess of 10 percent for left hip degenerative arthritis (previously 5252-5003), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the Air Force from February 1984 to May 1989 and from January 1990 until November 2006.

1.  3. Dismissal of appeals.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.

(Continued on the next page)

 

Here, the Veteran's representative submitted a statement in February 2021 requesting that the Board withdraw the Veteran's claim for increased disability ratings for a left hip disability, to include entitlement to increased ratings for left hip, impairment of abduction, adduction, or rotation and left hip, limitation of flexion. The statement indicated that "there are no issues currently before the Board." In light of this, the Veteran has withdrawn his appeals; hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issues on appeal and they are dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dourmashkin, Mark W.

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.