Citation Nr: 21066059
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 18-55 255A
 DATE: October 28, 2021

ORDER

Entitlement to an initial disability rating in excess of 60 percent for asbestosis is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement requesting withdrawal of the claim for entitlement to an increased rating for asbestosis.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to an initial disability rating in excess of 60 percent for asbestosis 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 May 1956 to August 1959.  This matter comes before the Board of Veterans' Appeals (Board) from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In December 2018, the Veteran requested a hearing with a Veterans Law Judge and in October 2021, the Veteran, through his attorney, withdrew his hearing request.

This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.902(c).

1. Entitlement to an initial disability rating in excess of 60 percent for asbestosis

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (2020).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In an October 2021 written statement submitted by his attorney, the Veteran explicitly requested withdrawal of the appeal of entitlement to an increased rating for asbestosis.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal on this issue, and the appeal is dismissed.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.