Citation Nr: 22026558
Decision Date: 05/05/22	Archive Date: 05/05/22

DOCKET NO. 18-31 107
DATE: May 5, 2022

ORDER

Entitlement to a rating in excess of 10 percent for a lumbosacral strain is dismissed.

FINDING OF FACT

In April 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1974 to November 1981.

The matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.205, 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. 

In the present case, the Veteran's representative submitted correspondence in April 2022, stating that the Veteran wished to withdraw her hearing request as she no longer wished to pursue this appeal. This withdrawal was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). 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.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. M. Donahue Boushehri, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.