Citation Nr: 21062891
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 15-13 644
DATE: October 12, 2021

ORDER

1. The appeal for an initial rating in excess of 10 percent for a left ankle disability, has been withdrawn.

2. The appeal for an initial rating in excess of 10 percent for a right ankle disability, has been withdrawn.

3. The appeal for an initial compensable rating for a left foot disability, has been withdrawn.

4. The appeal for an initial compensable rating for a right foot disability, has been withdrawn.

FINDING OF FACT

On March 28, 2021, prior to the promulgation of a decision in the appeal, the Board received notification that the Veteran requested a withdrawal of the above issues.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent for a left ankle disability, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent for a right ankle disability, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

3. The criteria for withdrawal of the appeal for an initial compensable rating for a left foot disability, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

4. The criteria for withdrawal of the appeal for an initial compensable rating for a right foot disability, have 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 June 2003 to November 2004 and from April 2007 to April 2012.

This appeal has previously been before the Board in April 2019. The April 2019 Board decision remanded entitlement to an initial rating in excess of 10 percent for left and right ankle disabilities, an initial compensable rating for left and right foot disabilities, and entitlement to a TDIU, all for further development.

1.  4. Dismissal of appeals.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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

Here, the Veteran originally submitted a VA Form 21-4138, Statement in Support of Claim, on March 28, 2021, indicating that the form was a written withdrawal request for his claims on appeal of bilateral ankle and foot disabilities. Thereafter, an April 2021 Supplemental Statement of the Case (SSOC) was issued which denied the Veteran's claims for bilateral ankle and foot disabilities. The SSOC stated the denial of the Veteran's claims was based on his written withdrawal request of the issues in a March 2021 VA Form 21-4138, Statement in Support of Claim. Subsequently, the Veteran submitted an appeal satisfaction notice on August 9, 2021, stating that he received a recent correspondence regarding a decision to grant one or more of his issues on appeal. The Board notes that an April 2021 rating decision granted entitlement to a TDIU effective May 26, 2017. Further, in the August 2021 appeal satisfaction notice, the Veteran indicated that based on the decision rendered, he is satisfied and wishes to withdraw all remaining issues associated with the appeal, contained in the most recent April 2021 SSOC. The Board acknowledges that the four remaining issues contained in the April 2021 SSOC are entitlement to: (1) an initial rating in excess of 10 percent for a left ankle disability; (2) an initial rating in excess of 10 percent for a right ankle disability; (3) an initial compensable rating for left foot disability; and (4) an initial compensable rating for right foot disability. In light of this, the Veteran has withdrawn his appeals; hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issues on appeal and they are dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Dourmashkin

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.