Citation Nr: 21007304
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 16-52 617
DATE: February 9, 2021

ORDER

The appeal regarding entitlement to an increased initial rating greater than 20 percent prior to January 28, 2015 and 30 percent thereafter, for frostbite and right foot damage is dismissed.

The appeal regarding entitlement to an increased initial rating greater than 20 percent prior to January 28, 2015 and 30 percent thereafter, for frostbite and left foot damage is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to January 28, 2015 is dismissed.

FINDING OF FACT

In October 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran that he wished to withdraw his is currently pending appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 July 1960 to September 1966.  He appeals a May 2013 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) denying entitlement to an initial rating greater than 10 percent for each his left and right foot residuals from frostbite.  During the appeal period, the AOJ increased the Veteran’s ratings for each foot to 30 percent, effective January 28, 2015.  See June 2015 rating decision.  Most recently, in June 2020, the Board remanded the appeal for further development.  Subsequent to this development, the AOJ increased the Veteran’s initial ratings for each foot to 20 percent prior to January 28, 2015 and granted entitlement to TDIU from January 28, 2015.  This appeal is now back before the Board.

As a preliminary matter, the Board notes the Veteran has a second appeal stream regarding entitlement to service connection for an acquired psychiatric disorder.  That issue was remanded in December 2020 and is being developed by the AOJ.  As such, the issue will not be adjudicated herein and will be addressed in a later Board decision, if otherwise in order.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

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In an October 2020 correspondence, the Veteran explicitly and unambiguously withdrew “all remaining issues associated with [his] appeal” in the August 2020 Supplemental Statement of the Case (SSOC).  See October 2020 Veteran correspondence; December 2020 Representative correspondence.  Hence, there remain no allegation of errors of fact or law for appellate consideration with respect to these claims.  Accordingly, the Board does not have jurisdiction to review the appeals and it is dismissed.  See 38 U.S.C. § 7105, 38 C.F.R. § 19.55.

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Bona, 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.