Citation Nr: 21074030
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 15-15 855
DATE: December 14, 2021

ORDER

The appeal of the issues of entitlement to an increased rating for chronic bronchitis and a total disability rating based upon individual unemployability (TDIU) is dismissed.

FINDING OF FACT

On October 18, 2021, prior to the promulgation of a decision, the Board received notice from the Veteran that he wished to withdraw this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal of the issues of entitlement to an increased rating for chronic bronchitis and TDIU by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from August 1978 to February 1984.  These matters come before the Board of Veterans' Appeals (Board) on appeal of a rating decision issued by the Department of Veterans Affairs (VA).

The Veteran testified before the undersigned Veterans Law Judge during a hearing in July 2018.  A transcript of the hearing is associated with the claims file.

The Board remanded the issues of an increased rating for chronic bronchitis and the assignment of a TDIU in May 2021.  Following the development ordered by the Board, a supplemental statement of the (SSOC) addressing those issues was to the Veteran in September 2019.  The appeal was returned to the Board in October 2019. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

Appeal withdrawals must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn.  38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

On September 16, 2021, the Veteran submitted written statement requesting withdrawal of his appeal.  That statement included his name and claims file number. Citing to the September 2021 SSOC, the Veteran indicated that he wished to withdraw his appeal to the Board.  He signed the statement.  

The Veteran has withdrawn this appeal and done so under in manner set out under 38 C.F.R. § 19.55. There remain no allegations of errors of fact or law for 

 

appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Reed, 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.