Citation Nr: 21066956
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 18-53 256A
DATE: November 3, 2021

ORDER

Entitlement to a rating higher than 10 percent for bulimia nervosa is dismissed.

Entitlement to an earlier effective date for bulimia nervosa, prior to January 1, 2011, is dismissed. 

Entitlement to an earlier effective date for special monthly compensation (SMC) at the housebound level, prior to April 11, 2012, is dismissed. 

FINDING OF FACT

In June 2020, prior to the promulgation of a decision by the Board, the Veteran, through her attorney, submitted correspondence stating that she wished to withdraw from appellate review the issues of increased rating for bulimia nervosa, earlier effective for bulimia nervosa, and earlier effective date for SMC at the housebound level.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim for entitlement to a disability rating in excess of 10 percent for bulimia nervosa by the Veteran's attorney have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the claim for entitlement to an earlier effective date for bulimia nervosa by the Veteran's attorney have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the claim for entitlement to an earlier effective date for SMC at the housebound level have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active duty service from April 1988 to November 1998, May 2000 to May 2002, January 2003 to May 2003, November 2003 to February 2004, November 2004 to March 2005, and May 2005 to December 2010.

This case comes before the Board of Veteran's Appeals (Board) on appeal from April 2016 and February 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  Withdrawal may be made by the Veteran or by her authorized representative.  38 C.F.R. § 20.205(a).

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In a June 2020 letter, the Veteran's attorney stated after being fully informed and advised of the ramifications, the Veteran wished to withdraw the issues of increased rating for bulimia nervosa, earlier effective for bulimia nervosa, and earlier effective date for SMC at the housebound level.  

A withdrawal is effective when received by the Board.  38 C.F.R. § 20.205(b)(3).  As the Veteran has properly withdrawn the appeal prior to a final Board decision, the Board no longer has appellate jurisdiction and can take no further action on this matter.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hammad Rasul, 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.