Citation Nr: 21075292
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 14-11 549
DATE: December 20, 2021

ORDER

Entitlement to an increased rating for coronary artery disease (CAD) status post coronary artery bypass graft, in excess of 60 percent disabling from May 6, 2003 to May 29, 2003, from September 1, 2003, to May 6, 2004, and in excess 10 percent disabling from May 6, 2004 to April 17, 2019 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 this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to an initial rating in excess of 60 percent disabling from May 6, 2003, to May 29, 2003, from September 1, 2003, to May 6, 2004, and in excess 10 percent disabling from May 6, 2004 to April 17, 2019 for coronary artery disease status post coronary artery bypass graft, 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 from July 1966 to July 1998.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

This matter was previously before the Board in July 2018, at which time it was remanded for a VA examination. Subsequent to the examination, in an April 2020 rating decision, the agency of original jurisdiction (AOJ) granted a 100 percent evaluation for major depressive disorder MDD, effective January 29, 2013. This represents a full grant of the benefit sought for MDD. Thus, there is no longer any case or controversy. Accordingly, this portion of the Veteran's appeal is not before the Board. In an August 2021 rating decision, the AOJ granted a 100 percent evaluation for CAD, effective April 17, 2019. As this did not constitute a full grant of the benefit sought, the issue remained on appeal, however, as noted below, the Veteran expressed satisfaction of the award, effectively withdrawing his appeal of the claim.

Entitlement to an increased rating for coronary artery disease status post coronary artery bypass graft, in excess of 60 percent disabling from May 6, 2003, to May 29, 2003, from September 1, 2003, to May 6, 2004, and in excess 10 percent disabling from May 6, 2004 to April 17, 2019

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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 Veteran or by his or her authorized representative.  Id.  In the present case, the Veteran has withdrawn this appeal in an October 2021 Appeals Satisfaction Notice and, hence, 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 E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Jaigirdar, 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.