Citation Nr: 21064194
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 19-38 323
DATE: October 19, 2021

ORDER

The issue of entitlement to a rating in excess of 20 percent for left ankle sprain residuals is dismissed.

The issue of entitlement to special monthly compensation (SMC) based on anatomical loss is dismissed.

FINDING OF FACT

In a July 2020, prior to the promulgation of a decision in this appeal, the Veteran, through his representative, withdrew from appellate consideration the above-listed issues before the Board.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal involving entitlement to a rating in excess of 20 percent for left ankle sprain residuals are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal involving entitlement to SMC based on anatomical loss are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Air Force from December 1979 to June 1988. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board may dismiss any appeal that fails to allege a 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision, and withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55.

Here, in a July 2020 correspondence, the Veteran, through his representative, indicated that he wished to withdraw his increased rating claim for his ankle sprain residuals and the claim for SMC based on anatomical loss from appellate consideration. See July 2020 VA Form 21-4138. This document contains the Veteran's name, claims file number, and a statement indicating that he wished to withdraw these specific issues from appellate consideration.  Id.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration. Thus, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. J. Rogers, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.