Citation Nr: 22019892
Decision Date: 04/03/22	Archive Date: 04/03/22

DOCKET NO. 18-46 466
DATE: April 3, 2022

ISSUES

1. Entitlement to service connection for a left shoulder arthritis condition.

2. Entitlement to service connection for a right shoulder arthritis condition.

ORDER

The appeal for entitlement to service connection for a left shoulder arthritis condition is dismissed.

The appeal for entitlement to service connection for a right shoulder arthritis condition is dismissed.

FINDING OF FACT

In a March 24, 2022 written statement, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of the pending appeal before the Board of Veterans' Appeals is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from January 1979 to December 1982.

This matter is before the Board of Veterans' Appeals (Board) on appeal of May 2017 Department of Veterans Affairs (VA) rating decision.  The May 2017 rating decision denied, in pertinent part, (1) entitlement to service connection for a left shoulder arthritis condition and (2) entitlement to service connection for a right shoulder arthritis condition.  

The Veteran filed a Notice of Disagreement (NOD) with this rating decision in June 2017. See June 13, 2017, NOD.  Following issuance of an August 2018 Statement of the Case (SOC), the Veteran perfected his appeal in September 2018, requesting a hearing at a local VA office. See September 13, 2018, VA Form 9.  

The Veteran postponed his scheduled hearing for February 4, 2022. A hearing was rescheduled for March 28, 2022.

In a March 24, 2022 written statement, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of the pending appeal before the Board of Veterans' Appeals is requested. This March 24, 2022 written statement also requested cancellation of the Veteran's hearing scheduled for March 28, 2022.  See March 24, 2022 VA Form 21-4138, Statement in Support of Claim.

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. 

An appeal may be withdrawn as to any or all issues involved in the appeal 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 the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, 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. 

 

 

Michael A. Pappas

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Little, 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.