Citation Nr: 21007174
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 18-07 856
DATE: February 8, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 5, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through his authorized representative, 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 March 1982 to October 1987.

In April 2019, the Board of Veterans’ Appeals (Board) remanded the issues of entitlement to a higher initial rating for spasmodic torticollis with degenerative joint and disc disease, cervical spine, in excess of 10 percent prior to December 5, 2017; and in excess of 20 percent, thereafter; and entitlement to a total disability rating based upon individual unemployability (TDIU). 

In September 2020, a rating decision issued by the Agency of Original Jurisdiction granted entitlement to a TDIU, effective August 4, 2014.  The Veteran was informed that this was a full grant of the issue on appeal. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the appellant, through his authorized representative, withdrew the issue of entitlement to a higher initial rating for spasmodic torticollis with degenerative joint and disc disease, cervical spine, in excess of 10 percent prior to December 5, 2017; and in excess of 20 percent, thereafter.  This was the only issue remaining on 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.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.