Citation Nr: 21005544
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 17-15 749
DATE: February 1, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In October 2020, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran requesting a withdrawal of this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1968 to January 1971 and from April 1971 to August 1992.  This matter comes before the Board of Veterans’ Appeals (Board) from a July 2015 rating decision, which granted service connection for the right hip.  The Veteran appealed the initial rating for his service-connected right hip disability.  

The Veteran testified at a Board hearing in November 2019.  In January 2020, 

the Board determined that the Veteran was entitled to an initial rating of 30 percent under Diagnostic Code (DC) 5054 (as opposed to separate ratings under DCs 5252, 5253, and 5254) and remanded the issue of a rating in excess of 30 percent.  

Most recently, a September 2020 rating decision granted an even higher rating of 50 percent under DC 5054, with a separate rating of 10 percent under 5251 (for limitation of flexion) and a separate noncompensable rating under 5253 (for abduction and adduction), all three ratings effective October 5, 2015.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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. § 20.204. 

In this case, the RO issued a supplemental statement of the case (SSOC) for the issue on appeal, in September 2020.  Shortly thereafter, in October 2020, 

the Veteran submitted a signed form (with his VA file number), indicating he was satisfied with the RO’s favorable decision and wished to withdraw all remaining issues on appeal.  10/21/2020, Correspondence.

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Based on the above, the Board finds that this appeal has been withdrawn.  As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the Veteran’s appeal and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	López, P.

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.