Citation Nr: 21077410
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 19-35 970A
DATE: December 29, 2021

ORDER

Entitlement to an earlier effective date prior to July 30, 2018 for the award of a 30 percent disability rating for depressive disorder is dismissed.

Entitlement to an effective date prior to August 2, 2018 for the award of a 20 percent rating for bilateral plantar fasciitis with moderate pes planus is dismissed.

Entitlement to an effective date prior to August 2, 2018 for the award of a 10 percent rating for right wrist tendonitis and degenerative arthritis is dismissed.

Entitlement to an effective date prior to August 2, 2018 for the award of service connection for tinnitus is dismissed.

FINDING OF FACT

In December 2021, the Veteran's representative submitted a statement that the Veteran wished to withdraw the present appeal.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the appeal of entitlement to an earlier effective date prior to July 30, 2018 for the award of a 30 percent disability rating for depressive disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. § 38 C.F.R. § 19.55.

2. The criteria for dismissal of the appeal of entitlement to an effective date prior to August 2, 2018 for the award of a 20 percent rating for bilateral plantar fasciitis with moderate pes planus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of the appeal of entitlement to an effective date prior to August 2, 2018 for the award of a 10 percent rating for right wrist tendonitis and degenerative arthritis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of the appeal of entitlement to an effective date prior to August 2, 2018 for the award of service connection for tinnitus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from March 1977 to March 1981 and from June 1982 to June 1985.  

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This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).   

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  In the present case, the appellant, through his authorized representative, has withdrawn this appeal by way of a December 2021 written notification 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.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. M. Stedman, 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.