Citation Nr: 21008663 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 14-06 257 DATE: February 17, 2021 ORDER 1. Entitlement to an initial disability rating in excess of 60 percent for erythema nodosa of the legs is dismissed. 2. Entitlement to an effective date earlier than July 1, 2010, for the award of Dependents’ Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is dismissed. FINDING OF FACT On November 28, 2020, following certification of the appeal to the Board of Veterans’ Appeals (Board) and prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran that he requested to withdraw the issues on appeal. CONCLUSION OF LAW The criteria for withdrawal of the substantive appeal on the issues of entitlement to an initial disability rating in excess of 60 percent for erythema nodosa of the legs and entitlement to an effective date earlier than July 1, 2010, for the award of DEA benefits have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from May 1986 to June 2010. This case was previously before the Board in January 2018 and June 2020, at which times the Board remanded the matters on appeal for additional development. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 authorized representative. 38 C.F.R. § 19.55. Following certification of the appeal to the Board and prior to the promulgation of a decision in the appeal, VA received a written notification from the Veteran, signed November 23, 2020, and received by VA on November 28, 2020, in which the Veteran requested to withdraw the issues on appeal. Specifically, VA sent the Veteran a letter, dated October 28, 2020, informing him that an October 2020 rating decision increased the disability rating for the erythema nodosa of the legs to the maximum schedular disability rating of 60 percent, effective July 1, 2010, which is the first day following his separation from active duty. This letter also informed him that the October 2020 rating decision also awarded DEA benefits, effective July 1, 2010. The Agency of Original Jurisdiction (AOJ) thereafter issued an October 2020 supplemental statement of the case (SSOC) denying entitlement to an initial disability rating in excess of 60 percent for erythema nodosa of the legs. In reply to the October 2020 letter, the Veteran filled out, signed, and submitted the attached Appeals Satisfaction Notice form, which was received by VA on November 28, 2020. In this form, the Veteran acknowledged that he received the recent correspondence regarding the decision to grant one or more of his issues on appeal. Based on the decision rendered, he asserted that he was satisfied and wished to withdraw all remaining issues associated with this appeal. He noted that by signing and submitting this form, he was asking to withdraw all remaining issues contained in the recent SSOC and asked the regional office of jurisdiction to discontinue further development actions associated with this appeal. The record reflects that the increased rating for erythema nodosa of the legs and the earlier effective date for the award of DEA benefits are the only matters currently on appeal. Accordingly, there are no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review these claims, and the appeal is therefore dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Hodzic, 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.