Citation Nr: 21075852
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-17 145
DATE: December 21, 2021

ORDER

Entitlement to a rating higher than 10 percent for residuals, lymphoma, BALT lymphoma right lung, is dismissed.

FINDING OF FACT

In July 2021, the Veteran in a signed statement in response to a May 2021 supplemental statement of the case (SSOC), which was prepared following development requested in a September 2020 remand, indicated he was asking to withdraw all remaining issue(s) contained in the recent SSOC and that the regional office discontinue further development actions associated with the appeal.  It was noted that the document should be returned only if the Veteran no longer wanted to pursue the remining items contained in the SSOC.  

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a rating higher than 10 percent for residuals, lymphoma, BALT lymphoma right lung, have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1965 to October 1967. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

In July 2021, the Veteran in a signed statement in response to a May 2021 SSOC, which was prepared following development requested in a September 2020 remand, indicated he was asking to withdraw all remaining issue(s) contained in the recent SSOC and that the regional office discontinue further development actions associated with the appeal.  It was noted that the document should be returned only if the Veteran no longer wanted to pursue the remining items contained in the SSOC.  

Hence, there remain no allegations of errors of fact or law for appellate consideration as it relates to the above issue.  Accordingly, the Board does not have jurisdiction to review the appeal as it relates to this issue and it is dismissed.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.