Citation Nr: 22012228
Decision Date: 03/03/22	Archive Date: 03/02/22

DOCKET NO. 18-00 218A
DATE: March 3, 2022

ORDER

Entitlement to service connection for a bilateral ankle disability is dismissed.

Entitlement to service connection for a bilateral knee disability is dismissed.

Entitlement to service connection for a cervical spine disability is dismissed.

Entitlement to service connection for a bilateral upper extremity (BUE) radiculopathy is dismissed.

Entitlement to service connection for a diabetes mellitus type II (diabetes) is dismissed.

FINDING OF FACT

On February 8, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the U.S. Army from October 1983 to October 1987.

This case comes before the Board on appeal of an August 2017 rating decision.

The Veteran requested a hearing in his December 2017 (received January 2018) substantive appeal, but later withdrew the request in January 2022.  Therefore, the Board considers the request withdrawn.  See 38 C.F.R. § 20.704 (e).

Withdrawn Claims

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, in a February 2022 statement in support, the Veteran, through his authorized representative, requested to withdraw all claims on appeal. Therefore, with respect to the claims on appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the claims on appeal and they are dismissed.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.