Citation Nr: 21073488
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 19-03 246A
DATE: December 8, 2021

ORDER

A higher rating in excess of 10 percent for service-connected pulmonary nodule determined to be a granuloma is dismissed.

A higher rating in excess of 60 percent for the period from July 1, 2019, and in excess of 30 percent from February 1, 2020, for service-connected mitral valve prolapse with chest pain is dismissed.

 

FINDINGS OF FACT

In November 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeals for increased ratings for his service-connected pulmonary nodule determined to be a granuloma and mitral valve prolapse with chest pain.

CONCLUSIONS OF LAW

The criteria for withdrawal of the appeals of increased rating for pulmonary nodule determined to be a granuloma and mitral valve prolapse with chest pain have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1997 to November 1999. 

The case is on appeal from an October 2018 rating decision. 

In a February 2019 VA Form 9, the Veteran elected a videoconference hearing before a Veterans' Law Judge.  The Veteran was scheduled for a Board virtual hearing in December 2021.  In December 2021, the Veteran's representative VSO indicated that the Veteran withdrew his hearing request.     

1. A higher rating in excess of 10 percent for service-connected pulmonary nodule determined to be a granuloma.

2. A higher rating in excess of 60 percent for the period from July 1, 2019, and in excess of 30 from February 1, 2020, for service-connected mitral valve prolapse with chest pain.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran, appellant, or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55(b)(3). 

In November 2021, the Veteran, through his representative, filed a written statement indicating that he would like to withdraw, in pertinent part, his appeals for higher ratings for his service-connected pulmonary nodule determined to be a granuloma and mitral valve prolapse with chest pain.

The Board finds that the Veteran's withdrawal of the issues on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The November 2021 statement is a recordation of an express statement that the Veteran no longer wants to pursue any further the claimed issues on appeal before the Board. 

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this particular appeal.  Accordingly, the claim for an increased rating in excess of 10 percent for service-connected pulmonary nodule determined to be a granuloma, and the claim for an increased rating in excess of 60 percent from July 1, 2019, and in excess of 30 percent from February 1, 2020 for service-connected mitral valve prolapse with chest pain are dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	William Pagan, 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.