Citation Nr: 20009876
Decision Date: 02/05/20	Archive Date: 02/05/20

DOCKET NO. 08-06 804A
DATE: February 5, 2020

ORDER

Entitlement to an increased rating for chronic renal disease, stage III (previously rated as right kidney mass with chronic urinary tract infection and hypertension), evaluated as 10 percent disabling prior to September 9, 2011, 30 percent disabling from September 9, 2011 to April 1, 2015, and 60 percent disabling from April 2, 2015 to March 27, 2019, has been withdrawn.

FINDING OF FACT

On November 18, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 from November 1956 to August 1978.

The Veteran testified before the undersigned in March 2015; a transcript of this proceeding is of record.  

The Board previously remanded this issue in September 2015 and May 2018.  In an October 2019 rating decision, the Agency of Original Jurisdiction awarded a maximum 100 percent rating for chronic renal disease, stage III, effective March 28, 2019, representing a full grant of the benefit sought on appeal from that date.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  Id.  In the November 18, 2019 statement, the appellant withdrew the appeal as to all remaining issues 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.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J.N. Moats

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.