Citation Nr: A23034603
Decision Date: 12/05/23	Archive Date: 12/05/23

DOCKET NO. 191125-49395
DATE: December 5, 2023

ORDER

Restoration of entitlement to service connection for right ankle degenerative joint disease, effective February 1, 2020, is dismissed.

FINDING OF FACT

On November 28, 2023, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran's authorized representative 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 August 1977 to November 1988.

This appeal comes before the Board on appeal from a November 2019 rating decision by a Department of Veteran's Affairs Regional Office.  In a November 2019 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing Docket.  The Board notified the Veteran that a hearing was scheduled for December 5, 2023.

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  An appeal may be withdrawn by an appellant, or his or her representative, as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. §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.  Appeal withdrawals must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  Id.

The Board notes that the Veteran's representative submitted a November 2023 statement requested withdrawal of the Board hearing and to "cancel all issues on the appeal".  The record reflects the only is on appeal is for restoration of service connection for the Veteran's right ankle disability.  As the request also included the Veteran's name, the claims file number, and a statement withdrawing all issues on appeal, the Board finds that the hearing and issues on appeal were appropriately withdrawn through clear written notice and with consent of the Veteran.  As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal.  The appeal is therefore dismissed.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Garcia, M. A.

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.