Citation Nr: 22017429
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 18-42 720A
DATE: March 25, 2022

ORDER

Entitlement to service connection for right leg condition is dismissed.

Entitlement to service connection for left leg cellulitis (claimed as left leg condition) is dismissed.

FINDING OF FACT

In March 2022, prior to promulgation of a decision in the appeal, the Veteran notified VA that he wished to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met. 38 U.S.C. § 7105(d); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1975 to July 1995.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) which, inter alia, denied entitlement to service connection for right leg condition and left leg cellulitis.  The Veteran disagreed with the RO's determination, and a Statement of the Case was issued in July 2018 addressing the matter.  The Veteran timely perfected the appeal.

Withdrawal of Appeal

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(d).  An appeal may be withdrawn as to any or all issues involved in the appeal.  38 C.F.R. § 19.55 (a).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In a March 2022 statement in support of claim (VA Form 21-4138), the Veteran through his representative indicated that he wants to withdraw his hearing and appeal.  The Veteran stated that his was currently evaluated at the 100 percent disability rating and wished to drop the issues on appeal.  This statement reflects a desire to withdraw the appeal with respect to the issues of service connection for right leg condition and left leg cellulitis.  This statement constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the appeal was withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), now 38 C.F.R. § 19.55(b) as applicable to legacy claims).

Based on the above, there is no specific determination with which the claimant disagrees as to the claim on appeal, and dismissal of the appeal is therefore warranted.

 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Walker, 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.