Citation Nr: 21002172
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 15-08 652
DATE: January 12, 2021

ORDER

Entitlement to an initial rating in excess of 10 percent for a cervical spine disability prior to August 25, 2020, and a rating in excess of 20 percent thereafter, is dismissed.

Entitlement to an initial compensable rating for hypertension is dismissed

FINDING OF FACT

On October 9, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Specifically, an October 9, 2020 Statement in Support of Claim was received from the Veteran’s representative and signed by the Veteran.  This October 2020 statement listed the issues of entitlement to higher ratings for the cervical spine and hypertension disabilities and stated, unequivocally, that the Veteran was withdrawing his appeal in reply to the September 2020 Supplemental Statement of the Case.  The Board finds this statement satisfies the requirements of 38 C.F.R. § 19.55(b)(1).  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Berry, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.