Citation Nr: 21006765
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 14-34 481
DATE: February 5, 2021

ORDER

The issue of entitlement to an evaluation in excess of 30 percent on/after September 3, 2008, in excess of 60 percent on/after January 25, 2013, and in excess of 30 percent on/after January 7, 2019 for bronchopneumonia with chronic bronchitis is dismissed.

FINDING OF FACT

In a January 29, 2021 prior to the promulgation of a decision in this appeal, the Board received notification from the Veteran in writing, that he wished to withdraw his appeal as to the issue on appeal concerning the staged rating for his bronchopneumonia with chronic bronchitis. 

CONCLUSION OF LAW

The criteria for dismissal of the appeal concerning the staged rating for bronchopneumonia with chronic bronchitis are met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had a period of active service from December 1962 to May 1964. In March 2017, the Veteran testified at a hearing before the undersigned. The transcript is of record. 

Entitlement to an evaluation in excess of 30 percent on/after September 3, 2008, in excess of 60 percent on/after January 25, 2013, and in excess of 30 percent on/after January 7, 2019 for bronchopneumonia with chronic bronchitis   

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 or her authorized representative. 38 C.F.R. § 19.55. In the present case, VA received a signed statement from the Veteran on January 29, 2021, that he wished to withdraw his current 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.

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.