Citation Nr: 22019686
Decision Date: 04/02/22	Archive Date: 04/02/22

DOCKET NO. 13-07 913
DATE: April 2, 2022

ORDER

The appeal for the issue of entitlement to an evaluation in excess of 20 percent for a left shoulder strain is dismissed.

The appeal for the issue of entitlement to an evaluation in excess of 10 percent for patellofemoral pain syndrome of the right knee with a history of Osgood-Schlatter disease is dismissed.

The appeal for the issue of entitlement to an initial evaluation in excess of 10 percent for chronic bilateral epididymitis is dismissed.

FINDING OF FACT

In a March 2022 written statement, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wanted to withdraw the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met with respect to the issues of entitlement to increased evaluations for a left shoulder strain, patellofemoral pain syndrome of the right knee with history of Osgood-Schlatter disease, and chronic bilateral epididymitis.  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 October 1990 to December 2003.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from December 2011 and February 2012 rating decisions.

The Veteran had originally requested a hearing before the Board.  A hearing was scheduled in March 2022, but as discussed below, he withdrew the appeal prior to the date of the hearing.    

Law and Analysis

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  An appeal may be withdrawn on record at a hearing or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In a March 2022 written statement, the Veteran withdrew his appeal.  As such, 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.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Rideout-Davidson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.