Citation Nr: 22010484
Decision Date: 02/23/22	Archive Date: 02/23/22

DOCKET NO. 20-18 099
DATE: February 23, 2022

ORDER

1. The appeal as to the issue of entitlement to an evaluation in excess of 20 percent disabling for rotator cuff syndrome, right shoulder is dismissed.

2. The appeal as to the issue of entitlement to an evaluation in excess of 20 percent disabling for rotator cuff syndrome, left shoulder is dismissed.

3. The appeal as to the issue of service connection for a disability manifested by memory loss is dismissed.

4. The appeal as to the issue of service connection for a respiratory disability is dismissed.

5. The appeal as to the issue of service connection for peripheral neuropathy, left lower extremity is dismissed.

6. The appeal as to the issue of service connection for peripheral neuropathy, right lower extremity is dismissed.

7. The appeal as to the issue of service connection for a disability manifested by essential tremors and muscle spasms is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in this appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant's authorized representative have been met.  38 U.S.C. §§ 511, 7104; 38 C.F.R. §§ 19.22, 19.55, 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Unless an appeal is withdrawn on the record at a hearing, a withdrawal of an appeal must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue or issues withdrawn from the appeal.  38 C.F.R. § 19.55 (b)(1), see Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Until the appeal is transferred to the Board, a withdrawal is effective when received by the AOJ; thereafter, it is not effective until received by the Board.  38 C.F.R. § 19.55(b)(3).  

In the present case, the appellant, through his authorized representative, submitted correspondence to the Board in February 2022 that indicated he wishes to withdraw this appeal in its entirety and listed the withdrawn issues as those identified on the first page of this decision. The Board has reviewed this correspondence finds that the Veteran's withdrawal meets the requirements for a withdrawal this appeal.  It is in writing, contains the Veteran's name and file number, and a statement expressing, his desire to withdraw his legacy appeal in its entirety.   Hence, there remains no question of error of law or fact for the Board to consider, and the appeal is dismissed.  See 38 U.S.C. § 511(a), 7104(a); 38 C.F.R. §§ 19.22; 20.104(a).  

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.M. Kreitlow

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.