Citation Nr: 21009537 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 10-32 835 DATE: February 22, 2021 ORDER Entitlement to an evaluation in excess of 10 percent for chronic right thumb metacarpal phalangeal joint arthritis, post traumatic right thumb injury (right thumb disability) prior to September 4, 2019 and in excess of 20 percent from September 4, 2019 is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis is dismissed. FINDINGS OF FACT 1. In July 2020, prior to the promulgation of a decision with respect to the issues on appeal, the Veteran withdrew his claim for an increased rating for a right thumb disability. 2. In July 2020, prior to the promulgation of a decision with respect to the issues on appeal, the Veteran withdrew his claim for extraschedular TDIU. CONCLUSIONS OF LAW 1. The criteria for the withdrawal of the issue seeking an increased evaluation for the right thumb disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for the withdrawal of the issue seeking extraschedular TDIU have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS 1. Entitlement to an evaluation in excess of 10 percent for a right thumb disability prior to September 4, 2019 and in excess of 20 percent from September 4, 2019 is dismissed. 2. Entitlement to a TDIU on an extraschedular basis is dismissed. The Veteran served in the United States Marine Corps from October 1963 to September 1967. For his meritorious service, the Veteran was awarded (among other decorations) the Vietnam Service Medal. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2005 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2012, the Veteran testified during a Board videoconference hearing before a Veterans Law Judge (VLJ). The VLJ who conducted the earlier January 2012 hearing is no longer employed by the Board. The Veteran was offered the opportunity for a new hearing, but did not respond that he desired such a hearing. The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary. 38 U.S.C. § 7104. 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 An appeal may be withdrawn by the appellant or by his or her authorized representative at any time before the Board promulgates a decision in the matter. 38 C.F.R. § 19.55. A withdrawal of an appeal is effective when received. Id. Here, the Veteran submitted a response to the issuance of the supplemental statement of the case (SSOC) in July 2020, stating he wished to withdraw all remaining issues on appeal. Additionally, in September 2020, the Veteran submitted correspondence specifically stating he no longer wishes to pursue his appeals for an increased evaluation for his right thumb disability or for extraschedular TDIU. This withdrawal was requested prior to the promulgation of a Board decision on these matters. It contained the Veteran’s file number, his full name, a clear statement that he wished to withdraw the appeal, and his signature. Accordingly, it meets all the applicable requirements to be considered a valid withdrawal. 38 C.F.R. § 19.55. As the Veteran has withdrawn his appeals as to the only issues remaining for appellate consideration, there are no allegations of error of fact or law remaining for the Board to address. Thus, the Board does not have jurisdiction to further consider these appeals, and they are hereby dismissed. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Mouzakis, 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.