Citation Nr: 21063792
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 19-11 264
DATE: October 15, 2021

ORDER

The appeal as to the claim of entitlement to an initial disability rating in excess of 10 percent for bilateral central serous retinopathy with maculopathy and macular scars is dismissed.

FINDING OF FACT

In October 2021, prior to promulgation of a Board decision, the Veteran withdrew his appeal as to the claim of entitlement to an initial disability rating in excess of 10 percent for bilateral central serous retinopathy with maculopathy and macular scars.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the claim of entitlement to an initial disability rating in excess of 10 percent for bilateral central serous retinopathy with maculopathy and macular scars are 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 United States Navy from September 1978 to November 1983 and from June 1984 to April 1999.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in June 2021.

The Veteran was scheduled for a Central Office Board hearing in March 2020.  He failed to appear for his scheduled Board hearing and has not provided good cause for his failure to appear.  Therefore, the Board finds that the Veteran's hearing request has been withdrawn and the appellate review may proceed.  38C.F.R. §20.704(d).

In an August 2021 rating decision, the RO assigned a 10 percent initial disability rating for bilateral central serous retinopathy with maculopathy and macular scars effective December 21, 2016.  As this rating for the period on appeal is not the maximum allowable, the issue remains on appeal.  AB. v. Brown, 6 Vet. App. 35 (1993).

In October 2021 written correspondence, the Veteran stated that he wished to opt into the modernized review system, also known as the Appeals Modernization Act (AMA), through his August 2021 supplemental statement of the case (SSOC).  As the Veteran did not submit a VA Form 10182, the Board cannot accept his opt-in request at this time.  See 38 C.F.R. §§ 3.2400(c)(2), 3.2500, 20.202(d).

Withdrawn Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 veteran or by his or her authorized representative.  38 C.F.R. § 20.204.  As documented in a VA Form 27-0820, Report of General Information, in an October 13, 2021 telephone communication with VA, the Veteran indicated that he wished to withdraw his appeal as to his claim of entitlement to an initial disability rating in excess of 10 percent for bilateral central serous retinopathy with maculopathy and macular scars.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Houle, 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.