Citation Nr: 22014452
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 20-04 729
DATE: March 12, 2022

ORDER

The appeal for entitlement to an initial compensable disability rating for hearing loss is dismissed.  

The appeal for entitlement to an initial disability rating in excess of 20 percent for lumbosacral strain is dismissed.  

The appeal for entitlement to an initial disability rating in excess of 30 percent for bilateral pes planus with plantar fasciitis is dismissed.  

The appeal for entitlement to service connection for a cervical spine condition is dismissed.  

FINDING OF FACT

On February 23, 2022, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, which indicated that a withdrawal of the issues on 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

Preliminary Matters

The Veteran had honorable active duty service with the United States Air Force from October 1979 to September 1983.  

This matter is before the Board on appeal from an April 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Board notes that in his January 2020 substantive appeal, the Veteran requested a hearing.  In February 2022, however, the RO received correspondence from the Veteran indicating that he wished to withdraw both his Board hearing request and his pending appeal.  As such, the hearing request is deemed withdrawn.  

 

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, by way of a February 2022 correspondence, the Veteran withdrew this appeal and, hence, 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.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. MacDonald, 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.