Citation Nr: 21001922
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 15-10 356
DATE: January 12, 2021

ORDER

Entitlement to a rating in excess of 10 percent for a cervical strain is dismissed. 

Entitlement to a rating in excess of 10 percent for status post left foot bunionectomy is dismissed.

Entitlement to a rating in excess of 10 percent for status post right foot bunionectomy is dismissed. 

Entitlement to a compensable rating for a pituitary gland cyst is dismissed. 

Entitlement to a total disability rating based on individual unemployability, due to service-connected disabilities (TDIU) prior to July 2, 2015, is dismissed.

FINDING OF FACT

In December 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran reflecting her wish to withdraw her current appeals.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for a cervical strain have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for status post left foot bunionectomy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for status post right foot bunionectomy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of entitlement to a compensable rating for a pituitary gland cyst have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of entitlement to a total disability rating based on individual unemployability (TDIU), prior to July 2, 2015, have not been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Army from November 1982 to June 2003.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

In May 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge of the Board.  A transcript of the hearing is of record.

This case was previously before the Board in August 2018.  The Veteran’s claims were remanded for additional development.  The case is now again before the Board for further appellate action.

1. Entitlement to a rating in excess of 10 percent for a cervical strain is dismissed. 

2. Entitlement to a rating in excess of 10 percent for status post left foot bunionectomy is dismissed. 

3. Entitlement to a rating in excess of 10 percent for status post right foot bunionectomy is dismissed. 

4. Entitlement to a compensable rating for a pituitary gland cyst is dismissed. 

5. Entitlement to a total disability rating based on TDIU prior to July 2, 2015 is dismissed.

In a December 2020 signed written statement drafted prior to the promulgation of a decision on the appeals, the Veteran stated that she wanted to withdraw the following issues on appeal: (1) entitlement to a rating in excess of 10 percent for a cervical strain, (2) entitlement to a rating in excess of 10 percent for status post left foot bunionectomy, (3) entitlement to a rating in excess of 10 percent for status post right foot bunionectomy, (4) entitlement to a compensable rating for a pituitary gland cyst, and (5) entitlement to TDIU prior to July 2, 2015.

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. § 19.55.

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In the present case, the Veteran has withdrawn her appeal of the claims noted above 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 of these claims and the appeal of these matters is dismissed.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Moore, 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.