Citation Nr: A25035331
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 250129-512292
DATE: April 16, 2025

ORDER

The appeal concerning the issue of entitlement to an increased disability rating for service-connected right hip strain is dismissed.

FINDING OF FACT

On March 31, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, and on April 2, 2025 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 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205.  To validly withdraw an appeal via a written communication, 38 C.F.R. § 20.205 states that the communication must include the name of the Veteran, the applicable VA claims file number, and an indication that the appeal is withdrawn.  Further, the communication must identify the specific issues to be withdrawn or specify that the appeal in its entirety is withdrawn.  Id.; see also Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020).

In the present case, the Veteran has withdrawn this appeal.  In a March 2025 Statement in Support of Claim, he included his name, the applicable VA claims file number, and a written desire that his "pending appeal [be withdrawn] in its entirety."  See VA Form 21-4138, Statement in Support of Claim, March 2025.  Shortly thereafter, the Veteran's authorized representative submitted a Withdrawal of Appeal Letter confirming the same and attaching the Veteran's March 2025 statement.  See Withdrawal of Appeal Letter, April 2025.  The Veteran and his authorized representative's submissions constitute valid written withdrawals.  As the Veteran has withdrawn this appeal in its entirety, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Infante, Peter

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.