Citation Nr: 21064062
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 20-06 349
DATE: October 18, 2021

ORDER

Entitlement to an initial compensable rating for difficulty swallowing is dismissed.

Entitlement to a rating in excess of 10 percent for hypertension is dismissed.

Entitlement to special monthly compensation (SMC) at the housebound rate under 38 U.S.C. § 1114(s) from November 1, 2017 through October 7, 2020 is dismissed.

FINDING OF FACT

In an October 15, 2021 statement, the Veteran explicitly, unambiguously, and with a full understanding of the consequences of such action withdrew the appeal as to the issue of entitlement to an initial compensable rating for difficulty swallowing, a rating in excess of 10 percent for hypertension, and SMC at the housebound rate from November 1, 2017 through October 7, 2020.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal regarding entitlement to an initial compensable rating for difficulty swallowing, a rating in excess of 10 percent for hypertension, and SMC at the housebound rate from November 1, 2017 through October 7, 2020, 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 Air Force from January 1072 to January 1978.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from August 2018 and October 2018 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO).  

Increased Rating

1. Entitlement to an initial compensable rating for difficulty swallowing.  

2. Entitlement to a rating in excess of 10 percent for hypertension.  

3. Entitlement to SMC at the housebound rate under 38 U.S.C. § 1114(s) from November 1, 2017 through October 7, 2020.  

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative on the record during a hearing before the Board or in writing.  38 C.F.R. § 19.55.  

An effective withdrawal of a claim must be in writing, include the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. at 5.  

In the present case, the Veteran has withdrawn his appeal via October 2021 correspondence.  The October 2021 statement contained the Veteran's name, claim number, and a specific instruction that he wished to withdraw all pending appeals.  There are no allegations of errors of fact or law for appellate consideration with regard to the claims for an initial compensable rating for difficulty swallowing, a rating in excess of 10 percent for hypertension, and SMC at the housebound rate from November 1, 2017 through October 7, 2020.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.  38 C.F.R. § 19.55; see Hembree, 33 Vet. App. at 5-7. 

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Marley, 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.