Citation Nr: 21073770
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 16-24 485
DATE: December 10, 2021

ORDER

The appeal for entitlement to an increased rating for a right eye disability is dismissed.

The appeal for entitlement to an increased rating for a left leg disability 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, that a withdrawal of the claims for increased ratings for a right eye and left leg disabilities was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the issue of entitlement to a rating higher than 10 percent for a right eye disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the issue of entitlement to a rating higher than 10 percent for a left tibia disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Board may dismiss any appeal which does not 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 the authorized representative.  38 C.F.R. § 19.55.  

In an October 2021 statement, the Veteran reported that he did not want to continue the appeal concerning the issues of entitlement to increased ratings for right eye and left leg disabilities.  Therefore, the Veteran has withdrawn those issues from the appeal.  There remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of those two issues, and they are dismissed.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Kass, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.