Citation Nr: 21003295
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 12-17 631
DATE: January 21, 2021

ORDER

The claim for a disability rating in excess of 60 percent for gastroesophageal reflux disease (GERD) with Barrett’s esophagus status post-operative gall bladder from February 5, 2009 to October 23, 2011, and on or after February 1, 2012 is dismissed. 

FINDING OF FACT

In an October 2020 statement, and prior to the promulgation of a decision in the appeal, the Veteran communicated his intent to withdraw the claim on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for a disability rating in excess of 60 percent for gastroesophageal reflux disease (GERD) with Barrett’s esophagus status post-operative gall bladder from February 5, 2009 to October 23, 2011, and on or after February 1, 2012 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran honorably served in the United States Marine Corps from May 1980 to December 1983, December 1983 to December 1985, and December 1985 to January 1993. These matters appear before the Board of Veterans’ Appeals (Board) on appeal of an April 2009 rating decision. the Veteran testified before a Veterans Law Judge (VLJ) in May 2016 and the hearing transcript is of record.

This claim was previously remanded by the Board in March 2018 and July 2020. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. In the present case, the Veteran submitted an October 2020 statement in which he communicated that he did not wish to appeal for an increased rating for service-connected GERD. Rather, the Veteran stated that he only wished to continue his appeal for an earlier effective date for the rating increase to 60 percent for service-connected GERD. This earlier effective date claim was denied by the Board in a July 2020 decision. Consequently, this matter is being considered separately as a Motion for Reconsideration of the Board’s July 2020 denial of an earlier effective date for the rating increase to 60 percent for service-connected GERD. 

With respect to the instant claim, however, the Veteran has communicated his intent to not pursue this matter, the Board considers the claim withdrawn. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kyle McKone

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.