Citation Nr: 21070910
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 17-39 304
DATE: November 26, 2021

ORDER

A rating in excess of 30 percent for left eye post-operative angle recession glaucoma and cataract is dismissed.

FINDING OF FACT

At the November 15, 2021, Board hearing, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of a rating in excess of 30 percent for left eye post-operative angle recession glaucoma and cataract 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 testified at a video conference hearing before the undersigned Veterans Law Judge in November 2021.  A transcript of the hearing will be associated with the claims file in due course.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 38 C.F.R. § 19.55.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In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The withdrawal of this appeal was explicit, unambiguous, and made with a full understanding of the consequences of such action on the Veteran's part.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Houbeck

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.