Citation Nr: 21007927
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 08-16 179
DATE: February 11, 2021

ORDER

Entitlement to a rating in excess of 10 percent, prior to July 23, 2018, and in excess of 30 percent thereafter, for herpes simplex (previously rated as seborrhea) is dismissed.

FINDING OF FACT

In a January 2021 correspondence, the Veteran informed the Board that he wished to withdraw his increased rating claim.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met. 38 U.S.C. §§ 7105 (b) and (d); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1985 to March 1986 and from November 2003 to November 2005.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2007 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.

Entitlement to a rating in excess of 10 percent, prior to July 23, 2018 and in excess of 30 percent thereafter, for herpes simplex (previously rated as seborrhea)

In October 2020, the Board remanded the matter of entitlement to a compensable rating for seborrhea for further development, to include obtaining an addendum medical opinion.  In a December 2020 rating decision, the RO granted a 10 percent rating, effective November 26, 2005 and a 30 percent rating, effective July 23, 2018, for herpes simplex (previously rated as seborrhea).  That same month, the RO issued a Supplemental Statement of the Case (SSOC).  In response to the December 2020 SSOC, in January 2021, the Veteran indicated that he was satisfied with the appeal and wished to withdraw all remaining issues. 

As the Veteran has asserted that he wants to withdraw his increased rating claim, under 38 U.S.C. § 7105, the Board does not have jurisdiction over it.  Pursuant to 38 C.F.R. § 20.204, a Veteran can withdraw an appeal through written correspondence.  Thus, the Board has no jurisdiction to consider the withdrawn issue and it shall therefore be dismissed.

 

 

Michael A. Pappas

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Baskerville, LaRita

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.