Citation Nr: 22045083
Decision Date: 08/09/22	Archive Date: 08/09/22

DOCKET NO. 20-09 569
DATE: August 9, 2022

ORDER

Entitlement to service connection for a right hip disability is dismissed as withdrawn.

FINDING OF FACT

In June 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. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Army National Guard from November 1960 to May 1961 and from May 1961 to September 1966 with periods of active duty for training (ACDUCTRA).

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board last remanded the issue on appeal in December 2020 for additional development. The Board also addressed the issues of entitlement to service connection for a lower back disability, right shoulder disability, right knee disability, and right foot disability. In December 2021, the RO granted the Veteran service connection for lower back, right shoulder, and right knee disabilities; and, in January 2022, the RO granted the Veteran service connection for a right foot disability. As these decisions represent a full grant of the benefits sought, the issues of entitlement to a lower back, right shoulder, right knee, and right foot disabilities are no longer before the Board.

(Continued on the next page)

 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran submitted a statement that he wished to withdraw the appeal of the issue of entitlement to service connection for a right hip disability. See June 2022 statement in support of claim. Therefore, 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.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moore, Carlin

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.