Citation Nr: 22008077
Decision Date: 02/11/22	Archive Date: 02/11/22

DOCKET NO. 19-28 956
DATE: February 11, 2022

ORDER

The appeal is dismissed.

 

FINDING OF FACT

In January 2022, prior to the promulgation of a Board decision, the Veteran withdrew the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 May 1998 to September 2016.

The case is on appeal from a December 2016 rating decision.

1. An initial rating in excess of 20 percent for left shoulder biceps tendonitis, impingement syndrome and labral tear. 

2. An initial compensable rating for hemorrhoids.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

In January 2022, the Veteran submitted a statement stating that he filed a VA Form 9 in September 2019 appealing the issues of an initial compensable rating for hemorrhoids and an initial rating in excess of 20 percent for left shoulder biceps tendonitis, impingement syndrome and labral tear.  The Veteran stated further that "[he] would like to withdraw [his] appeal for the two disabilities listed above."

The Board finds that the Veteran's written withdrawal of the appeal complied with 38 C.F.R. § 19.55.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that written requests to withdraw an issue on appeal in the Legacy system are governed by 38 C.F.R. § 20.204(b) (redesignated as 38 C.F.R. § 19.55(b), effective Feb. 19, 2019)).

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the appeal is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.