Citation Nr: 19128317
Decision Date: 04/11/19	Archive Date: 04/11/19

DOCKET NO. 03-22 486
DATE:	April 11, 2019

ORDER

Service connection for gout as secondary to the service-connected residuals of a left nephrectomy for congenital hydronephrosis due to aberrant lower polar vest is dismissed.

Entitlement to a disability rating in excess of 30 percent for proteinuria of the right kidney currently is dismissed.

Entitlement to a disability rating in excess of 30 percent for residuals, postoperative nephrectomy, left, for congenital hydronephrosis due to aberrant lower polar vessel, with normal renal function is dismissed

Entitlement to a disability rating in excess of 10 percent for hypertension is dismissed

Entitlement to total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In December 2018, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105 (b)(2) (2012), (d)(5); 38 C.F.R. § 20.204 (2018). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty for training from January to June 1968.

This appeal comes before the Department of Veterans Affairs (VA) Board of Veteran’s Appeals (Board) from a February 2002 rating decision.

The Veteran was afforded a personal hearing at the RO in March 2004.  The case was remanded for further development by Board decision in February 2006. 

In August 2008, the Board denied entitlement to service connection for gout, to include as secondary to residuals of nephrectomy. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a March 2010 Memorandum Decision, the Court set aside the Board's determination with respect to the issue of entitlement to service connection for gout and remanded the matter for readjudication. Thereafter, the case was remanded by Board decisions in August 2010 and March 2012.

In a January 2015 rating decision, the RO continued a 30 percent disability rating for proteinuria of right kidney, a 30 percent disability rating for residuals, postoperative nephrectomy, left, for congenital hydronephrosis due to aberrant lower polar vessel, with normal renal function, and a 10 percent disability rating for hypertension.  In addition, the RO denied entitlement to TDIU.

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. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative in writing or on the record at a hearing on appeal.  Id.

In the present case, the Veteran submitted a signed statement in December 2018 in which he indicated that he wished to withdraw his appeal because he was already in receipt of a 100 percent disability rating.  This statement constitutes a valid withdrawal of his appeal. See Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 

As the Veteran has withdrawn the appeal as to the issues before the Board, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issues on appeal, and the appeal is dismissed.



 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	M. Harrigan Smith