Citation Nr: 21011328
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 12-14 493
DATE: March 1, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 9, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of her appeal is requested.

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

In October 2018, the Veteran provided sworn testimony before the undersigned Veterans Law Judge (VLJ) at a Board hearing.  In February 2020, her appeal was remanded for development. Following that development, an October 2020 rating decision increased the disability rating for major depression with bipolar disorder and posttraumatic stress disorder from 70 percent to 100 percent effective October 19, 2018; increased the disability rating for bilateral flat feet from 10 percent to 30 percent effective October 19, 2018; granted service connection for migraine headaches with an evaluation of 50 percent effective January 28, 2010; and granted special monthly compensation based on housebound criteria and eligibility to Dependents' Educational Assistance, both effective October 19, 2018. 

On November 9, 2020, the Veteran submitted a signed appeals satisfaction notice, which stated that based on the decisions rendered, she is satisfied and wishes to withdraw all remaining issues associated with her appeal.  Specifically, that she is withdrawing the remaining issues contained in the most recent supplemental statement of the case (SSOC), which was also issued in October 2020, and which included initial higher ratings for the psychiatric disorder prior to October 2018; higher ratings for her bilateral flat feet; higher ratings for her right ankle; service connection for chest pains; and entitlement to TDIU.  

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  See 38 C.F.R. § 19.55.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G.Hoy, 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.