Citation Nr: 20028871
Decision Date: 05/11/20	Archive Date: 05/11/20

DOCKET NO. 17-49 164
DATE: May 11, 2020

ORDER

The appeal seeking entitlement to increases in the staged (30 percent before May 7, 2019 and 60 percent from that date) ratings for asbestosis is dismissed.

FINDING OF FACT

In April 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that it was his intent to withdraw his appeal seeking entitlement to increases in the staged (30 percent before May 7, 2019 and 60 percent from that date) ratings for asbestosis; there is no question of fact or law in the matter remaining before the Board.

CONCLUSION OF LAW

Regarding the matter of increases in the staged (30 percent before May 7, 2019 and 60 percent from that date) ratings for asbestosis, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in the matter.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty in the Navy from August 1950 to June 1954.  This case comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  In July 2019, the Veteran testified at a videoconference hearing before the undersigned.  In July 2019, the Board remanded the case to the RO for additional development.  A March 2020 RO rating decision granted a 60 percent rating for asbestosis, effective May 7, 2019.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

Here, the Veteran sent an “Appeals Satisfaction Notice,” dated and received by the VA in April 2020, expressing his intent to withdraw his appeal seeking entitlement to increases in the staged (30 percent before May 7, 2019 and 60 percent from that date) ratings for asbestosis.  Hence, there remain no allegations of errors of fact or law for appellate consideration in the matter.  The Board does not have jurisdiction to review an appeal in the matter; therefore, the appeal must be dismissed.

 

 

George R. Senyk

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Debbie Breitbeil, 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.