Citation Nr: 21076871
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 17-28 694A
DATE: December 28, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a December 2021 written submission, received prior to the promulgation of a decision in the appeal of the matter, the Veteran indicated that he wished to withdraw the sole issue on appeal, which is entitlement to a temporary total rating for convalescence for surgery related to asthma; there is no question of fact or law in this matter remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met as to the issue of entitlement to a temporary total rating for convalescence for surgery related to asthma.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 2000 to February 2007.

In April 2020, a videoconference hearing was held before the undersigned Veterans Law Judge, and a transcript of the hearing is associated with the record.  From the date of the hearing, the record was held open for 90 days in order to allow for the submission of additional evidence for consideration.

In March 2021, the current issue was remanded for additional development.

The Veteran had also initiated an appeal of the denial of service connection for asthma.  However, following the Board's March 2021 remand of this issue, a September 2021 rating decision granted service connection for asthma.  Consequently, that matter is not before the Board.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In a December 2021 written submission, received prior to the promulgation of a decision in the appeal in the matter, the Veteran, through his representative, indicated that he wished to withdraw the sole issue on appeal, which is entitlement to a temporary total rating for convalescence for surgery related to asthma.

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As the Veteran, through his representative, has knowingly and voluntarily withdrawn the appeal of this issue in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and the appeal in this matter must be dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. B. Yantz, 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.