Citation Nr: 20005196
Decision Date: 01/22/20	Archive Date: 01/22/20

DOCKET NO. 15-44 117
DATE: January 22, 2020

ORDER

The appeal as to the issue of entitlement to an initial rating in excess of 10 percent for right lower extremity varicose veins is dismissed. 

FINDING OF FACT

In February 2019, prior to the issuance of a final decision, the Board received a statement from the Veteran and his representative withdrawing this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55 re-designated from § 20.204 effective February 19, 2019.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from December 1971 to December 1974.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  In August 2018, the Board remanded this matter for additional development.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 re-designated from § 20.204 effective February 19, 2019.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In the present case, the sole issue remaining on appeal is entitlement to an increased initial rating for varicose veins, and in February 2019 the Veteran’s representative submitted a statement from the Veteran withdrawing “[his] appeal for varicose veins.”  See February 2019 Correspondence.  Thus, 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. 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D.M. Badaczewski, Associate 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.