Citation Nr: 21042372
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-17 588
DATE: July 12, 2021

ORDER

The appeal for increased ratings for right ankle and back disabilities is dismissed.

FINDING OF FACT

On June 23, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, requesting a withdrawal of his appeal for increased ratings for right ankle and back disabilities. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 October 1963 to August 1966. 

This case comes to the Board of Veterans' Appeals (Board) from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

Appeal withdrawals must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn.  38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

On April 13, 2021, the Veteran, through his attorney, filed a statement indicating that he wished with his claim at the Board. Given the procedural history, the Board sent a letter to the Veteran's attorney asking him to clarify the issue(s) he wished to withdraw.  On June 23, 2021, the Veteran submitted a written request to withdraw his appeal of the claims for increased ratings for right ankle and back disabilities.  That statement included his name and claims file number. The Veteran also clearly and unambiguously indicated that he wished to withdraw his appeal as to the claims for increased ratings for right ankle and back disabilities.  He signed the statement.  

 

The Veteran has withdrawn his appeal with respect to the claims for increased ratings for right ankle and back disabilities and done so under in manner set out under 38 C.F.R. § 19.55. 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.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.