Citation Nr: 20023023
Decision Date: 04/02/20	Archive Date: 04/02/20

DOCKET NO. 14-28 048A
DATE: April 2, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On February 27, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 June 1982 to June 2005.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  This matter was previously before the Board in February 2018, at which time it was remanded for further development.

In December 2017, the Veteran testified before the undersigned at a videoconference hearing.  A transcript of that hearing has been associated with the virtual file and reviewed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The issue on appeal was for a compensable rating between April 26, 2014 to October 21, 2019; and a rating in excess of 30 percent for abdominal cramps, thereafter.  In February 2020, in an Appeal Satisfaction Notice form, the Veteran indicated that he was satisfied with a February 2020 Supplemental Statement of the Case that increased the Veteran’s rating for abdominal cramps.  The Veteran signed and dated this form.  Moreover, the Veteran’s representative affirmed his wish to withdraw the remaining issues on appeal in a March 2020 informal hearing presentation.  

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Based on review of the record, the Board finds that the Veteran knowingly, explicitly, and unambiguously withdrew all issues in appellate status.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Cruz, 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.