Citation Nr: 20004688
Decision Date: 01/23/20	Archive Date: 01/21/20

DOCKET NO. 17-06 087
DATE: January 23, 2020

ORDER

The appeal for a rating in excess of 60 percent for residuals of follicular lymphoma is dismissed.

FINDING OF FACT

In a January 2020 correspondence, the Veteran stated that he wished to withdraw his appeal of the denial for a rating in excess of 60 percent for residuals of follicular lymphoma.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the denial of a rating in excess of 60 percent for residuals of follicular lymphoma by the appellant 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 in the U.S. Navy from July 1968 to July 1970.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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 or by his or her authorized representative.  38 C.F.R. § 20.205.  

In the January 2020 correspondence, the Veteran wrote that he wished to withdraw his appeal of the denial of a rating in excess of 60 percent for residuals of follicular lymphoma.  Additionally, in an October 2019 statement, he indicated he was satisfied with a recent decision granting increased compensation benefits.  The Veteran was explicit and unambiguous as to his desire to withdraw and demonstrated an understanding of his current level of compensation and the consequences of withdrawal.  See Acree v. O’Rourke, 891 F. 3d 1009 (Fed. Cir. 2018).  There remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of the denial of an increased rating for residuals of follicular lymphoma, and it is dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A.P. Armstrong, Counsel

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.