Citation Nr: 19177828
Decision Date: 10/09/19	Archive Date: 10/09/19

DOCKET NO. 17-36 271A
DATE: October 9, 2019

ORDER

The appeal seeking a rating in excess of 30 percent for radiculopathy of the left upper extremity is dismissed.

The appeal seeking entitlement to a total disability rating by reason of individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

In July 2019 and September 2019 correspondence, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of all appeals was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1984 to March 1988.  

This case was previously before the Board in September 2018.  At that time, the issues of entitlement to service connection for an acquired psychiatric disorder, a rating in excess of 30 percent for radiculopathy of the left upper extremity, and TDIU were remanded for further development.  Following the Board remand, service connection was established for an acquired psychiatric disorder, including major depressive disorder and generalized anxiety disorder.  See July 2019 rating decision.  Accordingly, the issue of service connection for an acquired psychiatric disorder is no longer before the Board for appellate consideration.  

As for the remaining claims on appeal, 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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 appellant (Veteran) or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the Veteran formally withdrew this appeal in July and September 2019 correspondence 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.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph P. Gervasio

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.