Citation Nr: 21002160
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 16-39 796
DATE: January 12, 2021

ORDER

The appeal with respect to entitlement to a disability rating in excess of 30 percent for dermatitis is dismissed.

FINDING OF FACT

In July 2020, prior to the promulgation of an appellate decision, the Board received written notification from the Veteran that she wished to withdraw the present appeal.

CONCLUSION OF LAW

The criteria for the withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Navy from May 1991 to September 1991.  She also had service in the U.S. Navy Reserve.  Her decorations include the Southwest Asia Service Medal.  

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. 

In July 2019, the Veteran and her spouse testified at a Board video-conference hearing before the undersigned Veterans Law Judge.  A transcript of that hearing has been associated with the record.

In October 2019, the Board remanded the case for additional development.  In July 2020, while the appeal was in remand status, the RO increased the Veteran’s disability rating for dermatitis to 30 percent for the entire period on appeal prior to September 18, 2017 and granted her claim for service connection for a psychiatric disability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In July 2020, prior to the promulgation of an appellate decision, the Board received written notification from the Veteran that she wished to withdraw the present appeal; 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 and it must be dismissed. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Gielow, 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.