Citation Nr: 20042357
Decision Date: 06/23/20	Archive Date: 06/23/20

DOCKET NO. 16-12 722
DATE: June 23, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

On May 20, 2020, prior to the promulgation of a decision in the appeal, the Board received a written statement from the Veteran indicating acceptance and agreement with denial of that claim and that a withdrawal of the appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for entitlement to an increased rating for residuals of a right cornea injury have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal which does not 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or the authorized representative.  38 C.F.R. § 20.204. 

In May 2020 written statement, the Veteran indicated the intent to withdraw the pending claim for an increased rating for residuals of a right cornea injury.  As the Veteran expressed his acceptance and apparent satisfaction with the most recent adjudication of issues not before the Board, the Board interprets the May 2020 communication as a withdrawal of the pending appeal regarding an increased rating for residuals of a right cornea injury.  No subsequent communication from the Veteran disputes that conclusion.  Thus, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal concerning entitlement to an increased rating for residuals of a right cornea injury, and the appeal is dismissed. 

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Kass

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.