Citation Nr: 22009366
Decision Date: 02/17/22	Archive Date: 02/17/22

DOCKET NO. 19-33 294
DATE: February 17, 2022

ORDER

The appeal for entitlement to a disability rating in excess of 10 percent for low back strain is dismissed.

FINDING OF FACT

In written correspondence received February 2022, the Veteran requested that this appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to a disability rating in excess of 10 percent for low back strain have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1998 to September 2001.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a November 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  In her substantive appeal, the Veteran requested a hearing before a Veterans Law Judge of the Board.  See VA Form 9, Appeal to Board of Veterans' Appeals, received October 2019.  She was scheduled for a hearing in February 2022, but her representative submitted a form indicating that she wished to withdraw her hearing request.  

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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202, 20.204 (b).  Withdrawal may be made by the claimant or the claimant's authorized representative.  38 C.F.R. § 20.204 (a).  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204 (b) (1).  Here, in written correspondence dated and received in February 2022, the Veteran requested the withdrawal of the appeal for entitlement to a disability rating in excess of 10 percent for low back strain.  The withdrawn appeal was specifically identified in the correspondence.  As such, the Board finds there remains no allegation of error of fact or law for appellate consideration.  As the Board does not have jurisdiction to review the appeal, it is dismissed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.