Citation Nr: 20005705
Decision Date: 01/23/20	Archive Date: 01/23/20

DOCKET NO. 17-16 025
DATE: January 23, 2020

ORDER

The appeal seeking entitlement to an initial disability rating in excess of 10 percent for chronic obstructive pulmonary disease (COPD) is dismissed.

FINDING OF FACT

Prior to promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran that he wished to withdraw his appeal seeking entitlement to an initial disability rating in excess of 10 percent for COPD.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal seeking entitlement to an initial disability rating in excess of 10 percent for COPD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from August 1970 to August 1992. 

This matter comes before the Board on appeal from a September 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board observes that the Veteran previously requested the opportunity to testify at a Board hearing. However, as discussed below, the Veteran has now withdrawn the claim on appeal.

Entitlement to an initial disability rating in excess of 10 percent for COPD

In January 2020, the Veteran notified VA that he desired to withdraw all pending appeals before the Board. A review of the file reflects that the Veteran submitted a VA Form 21-4138, Statement in Support of Claim, dated January 3, 2020, on which he requested to “withdraw all pending appeals” as he is “happy with [his] 100% permanent and total rating from the VA.” 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Tolbert, 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.