Citation Nr: 20032920
Decision Date: 05/12/20	Archive Date: 05/12/20

DOCKET NO. 16-42 472
DATE: May 12, 2020

ORDER

Entitlement to a higher evaluation than 60 percent for service-connected prostate cancer, status post radical prostatectomy with incontinence, is dismissed.

FINDING OF FACT

In a February 2020 signed statement, the Veteran explicitly and unambiguously stated that he sought to withdraw his appeal seeking a higher evaluation than 60 percent for his service-connected residuals of prostate cancer.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a higher evaluation than 60 percent for service-connected residuals of prostate cancer 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 February 1953 to July 1976.  This case comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). 

In April 2019, the Veteran provided sworn testimony before the undersigned Veterans Law Judge (VLJ) at a Board hearing.  A copy of the hearing transcript has been associated with the electronic claims file.

The Board remanded this matter in July 2019 for evidentiary development as to the Veteran’s residuals of prostate cancer and his entitlement to individual unemployability (TDIU).  Subsequent to this Remand, a January 2020 rating decision granted his claim for TDIU, effective September 10, 2015.  That was a grant of the full benefit sought on appeal for TDIU.  He was also issued a supplemental statement of the case (SSOC) in January 2020, where the RO continued his 60 percent evaluation for his residuals of prostate cancer, which is the highest schedular evaluation allowed based on voiding dysfunction.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing or on the record at a hearing, or at any time before the Board promulgates a decision.  See 38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his authorized representative.  See 38 C.F.R. § 20.204. 

In the present case, the Veteran clearly expressed an intent to withdraw his appeal for a higher evaluation than 60 percent for residuals of prostate cancer.  Subsequent to the January 2020 SSOC addressing the issue on appeal, the Veteran submitted a separate signed February 2020 statement indicating satisfaction with his appeal and a request to withdraw all issues associated with the recent SSOC.  

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Consequently, the Board finds that the Veteran has withdrawn his appeal with respect to this issue.  Hence, there remain no allegations of errors of fact or law for appellate consideration at this time specific to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G.Hoy, 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.