Citation Nr: 21002202
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 20-18 054
DATE: January 13, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In December 2020, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran’s representative that a withdrawal of the appeal for an effective date earlier than March 31, 2008, for the award of service connection for gastroesophageal reflux disease (GERD), to include diabetic gastroparesis and hiatal hernia, and for an initial rating in excess of 10 percent for the service-connected GERD, to include diabetic gastroparesis and hiatal hernia was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran of the issues of entitlement to an effective date earlier than March 31, 2008, for the award of service connection for GERD, to include diabetic gastroparesis and hiatal hernia, and entitlement to an initial rating in excess of 10 percent for the service-connected GERD, to include diabetic gastroparesis and hiatal hernia are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1970 to July 1972. In January 2020, the Veteran was scheduled to appear and provide testimony at a hearing before the undersigned Veterans Law Judge (VLJ), but he communicated his intent to withdraw the appeal prior to that time.

Dismissal

Entitlement to an effective date earlier than March 31, 2008, for the award of service connection for GERD, to include diabetic gastroparesis and hiatal hernia

Entitlement to an initial rating in excess of 10 percent for the service-connected GERD, to include diabetic gastroparesis and hiatal hernia

In December 2020, the Veteran, through his representative, submitted a written statement in which he reported that he wanted to withdraw his appeal on these issues.

The Board of Veterans’ Appeals (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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the veteran or by his or her authorized representative.  38 C.F.R. § 20.204.  

In the present case, the Veteran, through his representative, has withdrawn his appeal for an effective date earlier than March 31, 2008, for the award of service connection for GERD, to include diabetic gastroparesis and hiatal hernia, and for an initial rating in excess of 10 percent for the service-connected GERD, to include diabetic gastroparesis and hiatal hernia. Hence, there remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review this appeal, and it is dismissed.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Davidoski, 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.