Citation Nr: 22014522
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 17-51 022
DATE: March 14, 2022

ORDER

The appeal for the issue of whether new and material evidence has been received to reopen a service connection claim for a back condition, and, if so, whether service connection is warranted, is dismissed.

FINDING OF FACT

On December 24, 2021, prior to the promulgation of a decision, the Veteran requested to withdraw his back condition appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the back condition 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 December 1973 to January 1974, May 1987 to September 1987, and March 2003 to July 2004.

This appeal arises from a March 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing before the Board as to the above appeal in January 2022. Prior to the hearing, on December 24, 2021, the Veteran submitted a statement that he would like to withdraw his hearing, that he no longer wished to pursue this matter, as he is satisfied with his current 100 percent rating. See December 2021 Statement in Support of Claim.

The present appeal is governed by the legacy appeals system; therefore, any request to withdraw his appeal must meet the standard outlined in 38 C.F.R. § 19.55. As the Veteran's December 2021 statement contains his name, his VA file number, and a clear statement that he is no longer wishes to pursue his appeal before the Board, his appeal has been properly withdrawn in line with § 19.55.

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. In the present case, the Veteran has withdrawn this appeal; therefore, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Tierno

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.