Citation Nr: 21007253
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 18-47 359
DATE: February 9, 2021

ORDER

Entitlement to an initial disability rating in excess of 60 percent for the service-connected chronic renal disease is dismissed.

FINDING OF FACT

In September 2020, prior to the promulgation of a decision in the appeal, the Veteran’s representative submitted a written statement indicating that the Veteran desired to withdraw his appeal for entitlement to a disability rating in excess of 60 percent for chronic renal disease.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an initial disability rating in excess of 60 percent for the service-connected chronic renal disease 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 October 1974 to October 1978.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for chronic renal disease and assigned a noncompensable disability rating, effective from February 8, 2016.  Thereafter, a June 2019 rating decision assigned a 60 percent disability rating for chronic renal disease.  This matter was previously remanded in June 2020.

Entitlement to an initial disability rating in excess of 60 percent for the service-connected chronic renal disease is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 a September 2020 written statement submitted by the Veteran’s representative, and prior to the promulgation of a decision in the appeal, the representative expressed the Veteran’s desire to withdraw his appeal for a disability rating in excess of 60 percent.  As the Veteran has withdrawn the appeal on the issue, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issue on appeal and the appeal is dismissed.

 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Medina, 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.