Citation Nr: 22016172
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 19-24 822
DATE: March 21, 2022

ORDER

The appeal is dismissed.

 

FINDING OF FACT

In December 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the 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 September 1966 to September 1968.

The case is on appeal from a February 2017 rating decision.

1. Whether new and material evidence was received to reopen a claim for service connection for hearing loss.

2. Whether new and material evidence was received to reopen a claim for service connection for tinnitus.

3. Whether new and material evidence was received to reopen a claim for service connection for Crohn's disease.

4. Service connection for a skin condition, to include squamous cell carcinoma of the lower lip.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

In December 2021, the Veteran's representative submitted a statement stating that she spoke with the Veteran and after "careful consideration, the Veteran wishes to withdraw his request for a hearing and cancel his appeal in its entirety.  Please withdraw all issues pending before the Board."  The Board notes that the Veteran's representative submitted an appellate brief concerning the issues on appeal subsequent to the Veteran's request to withdraw the appeal.  However, the Board finds the appeal was withdrawn prior to the receipt of the brief.  

The Board finds that the Veteran's representative's written withdrawal of the appeal complied with 38 C.F.R. § 19.55.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that written requests to withdraw an issue on appeal in the Legacy system are governed by 38 C.F.R. § 20.204(b) (redesignated as 38 C.F.R. § 19.55(b), effective Feb. 19, 2019)).

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the appeal is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Gray, Associate 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.