Citation Nr: 22017016
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 18-36 541
DATE: March 23, 2022

ORDER

The appeal is dismissed.

 

FINDING OF FACT

In February 2022, 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 March 1954 to March 1957.

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

In March 2018, the Board remanded the claims for the issuance of a statement of the case (SOC).  After an SOC was issued in June 2018, the Veteran perfected an appeal to these claims later in June 2018.

1. Service connection for diabetes mellitus.

2. Service connection for a gallbladder removal.

3. Service connection for a heart condition, to include ischemic heart disease. 

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  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 February 2022, the Veteran's representative submitted a statement stating, per a phone conversation with the Veteran on February 2, 2022, the Veteran requests to withdraw his Board hearing and appeal, as he has a permanent and total rating.  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  However, the Board finds the appeal was withdrawn prior to the receipt of the brief.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), eff. 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.