Citation Nr: 21012385
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 17-50 716
DATE:  March 4, 2021

ORDER

Entitlement to an earlier effective date for hypothyroidism has been withdrawn.

REMANDED

Entitlement to a rating in excess of 10 percent for hypothyroidism is remanded.

FINDING OF FACT

In January 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of his appeal for an earlier effective date for service connection for hypothyroidism is requested.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to an earlier effective date for service connection for hypothyroidism by the Veteran have been met. 38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 2003 to August 2004 and from November 4, 2006 to December 10, 2006.

These matters are on appeal from a November 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to an earlier effective date for hypothyroidism is dismissed.

In a January 2018 letter, the Veteran, through his attorney, requested to withdraw his appeal for an earlier effective date for hypothyroidism. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. Id. In the present case, the Veteran, through his attorney, has withdrawn the issue of entitlement to an earlier effective date for hypothyroidism. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.

REASONS FOR REMAND

Entitlement to a rating in excess of 10 percent for hypothyroidism is remanded for issuance of a statement of the case.

Following the Veteran’s initial notice of disagreement (NOD) with the November 2016 rating decision granting entitlement to service connection for hypothyroidism and assigning a noncompensable rating, the RO issued a second rating decision in July 2017 increasing the rating to 10 percent. There are higher ratings available for hypothyroidism, and the Veteran has not indicated satisfaction with the increased rating assigned. Indeed, he submitted a second NOD in January 2018, asserting a 60 percent rating is warranted. A statement of the case has not yet been issued regarding the matter of entitlement to an increased rating for hypothyroidism. A remand is thus required for the AOJ to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).

The matter is REMANDED for the following action:

Issue a statement of the case that addresses the issue of entitlement to a rating in excess of 10 percent for hypothyroidism. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Roya Bahrami, 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.