Citation Nr: 21012081
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 10-36 137A
DATE: March 3, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On February 12, 2021, prior to the Board’s promulgation of a decision in this appeal, the Board received the Veteran’s written request to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran honorably served on active duty from June 1963 to May 1967. In a March 2016 rating decision, the Regional Office (RO) denied his claim for ratings in excess of 10 percent for bilateral upper extremity peripheral neuropathy. The Veteran appealed to the Board which denied the claim in March 2019. The Veteran then appealed the Board’s decision to the U.S. Court of Appeals for the Veterans’ Claims (Court). In February 2020, upon granting a joint motion for partial remand (JMPR), the Court vacated the Board’s decision and remanded the claim for further development. In September 2020, the Board remanded the claim for an evaluation of the current severity levels of his disability. In a January 2021 rating decision, the RO increased the rating for the right upper extremity to 40 percent and the rating for the left to 30 percent. 

On February 12, 2021, the Board received the Veteran’s written statement that he is satisfied with his appeal and wishes to withdraw all remaining issues associated with this appeal. An appeal may be withdrawn at any time before the Board renders its decision. See 38 C.F.R. § 19.55(a). Accordingly, the Veteran’s withdrawal request is granted. 

By implication, no allegation of error of fact or of law remains for the Board to decide. In these circumstances, the Board no longer has jurisdiction to decide the appeal which must be dismissed and thus is dismissed. See 38 U.S.C. §§ 7104, 7105(d). 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Alex Bardin, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.