Citation Nr: 21064270
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 18-44 393
DATE: October 19, 2021

ORDER

As the claim is withdrawn, the appeal of entitlement to an initial rating in excess of 20 percent for residuals of bladder cancer is dismissed.

FINDING OF FACT

On October 6, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been 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 from November 1965 to November 1968.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

In June 2021, the Board remanded the appeal for additional development. During remand status, a July 2021 rating decision granted an increase from noncompensable to 20 percent rating for residuals of bladder. The claim for increase for residuals of bladder cancer remains in appellate status as, although a higher rating was assigned, it is not a full grant of the benefit sought on appeal. See AB v. Brown, 6 Vet. App. 35 (1993) (finding a veteran is generally presumed to seek the maximum benefit allowed by law and regulation). 

Withdrawn Appeal - Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Specifically, on October 6, 2021, the Board received notification that the appellant sought to withdraw the remaining issue contained in his recent Supplemental Statement of the Case (SSOC). See Correspondence (October 2021). Notably, the most recent SSOC dated in July 2021 addressed the issue entitlement to an initial rating in excess of 20 percent for residuals of bladder cancer. 

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. M. Pesin

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.