Citation Nr: 21066250
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 14-15 847
DATE: October 29, 2021

ORDER

Entitlement to service connection for right hip condition, to include as secondary to a service-connected disability, is dismissed.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to February 8, 2018 is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized attorney, that a withdrawal of the appeals seeking entitlement to service connection for right hip condition and entitlement to TDIU prior to February 8, 2018 was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals seeking entitlement to service connection for right hip condition and entitlement to TDIU prior to February 8, 2018 are met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Navy from May 1973 to November 1985.

These matters are before the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the Board at a hearing held by the undersigned in October 2017.  A transcript of the hearing is of record.  Subsequently, in January 2018 and July 2019, the Board remanded the Veteran's claim for service connection for right hip condition and his claim for TDIU for further development.  In August 2021, the Agency of Original Jurisdiction (AOJ) awarded entitlement to TDIU effective February 8, 2018.  As such, regarding the claim for entitlement to TDIU, only the period prior to February 8, 2018 remains on appeal.   

Dismissed Appeals

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

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In the present case, in October 2021, VA received a written statement from the Veteran's attorney indicating that the Veteran wished to withdraw the remaining issues on appeal.  As the Veteran has knowingly and voluntarily withdrawn the appeals of the issues in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues and it is dismissed.  

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Breitbach, 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.