Citation Nr: 21069641
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 17-39 786A
DATE: November 19, 2021

ORDER

Entitlement to an extension of a temporary total rating for a lumbar spine disorder requiring convalescence pursuant to 38 C.F.R. § 4.30 beginning June 1, 2016, is dismissed. 

Entitlement to an extension of a temporary total rating for a left shoulder disorder requiring convalescence pursuant to 38 C.F.R. § 4.30 beginning May 1, 2016, is denied.

Entitlement to special monthly compensation (SMC) due to being housebound is dismissed.   

FINDING OF FACT

By letter dated November 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his attorney, withdrew his claims of entitlement to temporary total rating for a lumbar spine disorder requiring convalescence pursuant to 38 C.F.R. § 4.30 beginning June 1, 2016; entitlement to an extension of a temporary total rating for a left shoulder disorder requiring convalescence pursuant to 38 C.F.R. § 4.30 beginning May 1, 2016; and entitlement to SMC.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an extension of a temporary total rating for a lumbar spine disorder requiring convalescence pursuant to 38 C.F.R. § 4.30 beginning June 1, 2016.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an extension of a temporary total rating for a left shoulder disorder requiring convalescence pursuant to 38 C.F.R. § 4.30 beginning May 1, 2016.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

3. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to SMC.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active military service from June 1996 to July 1999.   

These matters come to the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

By letter dated November 2021, the Veteran, through his representative, submitted a statement stating that he wished to withdraw all claims currently pending before the Board. This statement was signed and submitted by the Veteran's attorney and the Veteran was included as a carbon copy.  The withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 20.204(b)(3).

The Board finds that the Veteran's withdrawal is unambiguous, was in writing, included the name of the veteran, the file number and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App 1 (2020).  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal as to the above-mentioned issues, and they are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher O'Donnell, 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.