Citation Nr: 21005357
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 16-04 952
DATE: February 1, 2021

ORDER

1. Entitlement to service connection for ischemic heart disease has been withdrawn and is dismissed.

2. Entitlement to an evaluation in excess of 10 percent for residuals of a left hand injury has been withdrawn and is dismissed.

3. Entitlement to an evaluation in excess of 20 percent for type II diabetes mellitus has been withdrawn and is dismissed.

4. Entitlement to an evaluation in excess of 70 percent for posttraumatic stress disorder with panic attacks has been withdrawn and is dismissed.

FINDING OF FACT

On December 12, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 December 1966 to December 1970.  The Department of Veterans Affairs (VA) is grateful for his service. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

The Veteran on December 12, 2020 submitted a signed statement informing that he was withdrawing his appeal based on his acceptance of a VA Regional Office (RO) decision of which he was notified in November 2020.  That November 2020 decision granted a 10 percent rating for his left hand disability and granted special monthly compensation (SMC) at the housebound rate based on assignment of a total disability rating based on unemployability (TDIU) as due to service-connected PTSD with panic disorder, and an additional 60 percent rating for other service-connected disabilities.  See 38 U.S.C. § 1114 (extraschedular ratings).  

In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Schechter

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.