Citation Nr: 21014036
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 20-08 463A
DATE: March 11, 2021

ORDER

The appeal of the issues of entitlement to service connection for a sciatic nerve condition, entitlement to an increased rating and an earlier effective date for hepatitis C, and entitlement to a temporary total disability rating is dismissed. 

FINDING OF FACT

On December 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from April 1985 to March 1988; and from January 1990 to September 1990. For his meritorious service the Veteran was awarded the Army Achievement Medal.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in April 2017 by a Department of Veterans Affairs (VA) Regional Office (RO).

In January 2020, the RO granted the Veteran’s claim for a TDIU effective September 2016, corresponding with the month which the Veteran contended he last had gainful employment.  As neither the Veteran nor his representative have contended that a TDIU is warranted as to a single service-connected disability, this grant constitutes a complete grant of benefits sought on appeal.

That same month, the RO issued a statement of the case regarding the issues noted above.  The Veteran, through his attorney, submitted a substantive appeal as to those issues in March 2020.  

Subsequently, in December 2020, the Veteran submitted a statement, though his representative, withdrawing his remaining claims of entitlement to service connection for a sciatic nerve condition; entitlement to a temporary total disability rating; entitlement to a disability rating in excess of 40 percent for hepatitis C; and entitlement to an earlier effective date for service connection for hepatitic C prior to April 22, 2016.

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.  For appeals proceeding under the legacy appeal system, an appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant, through his authorized representative, has withdrawn this appeal.  That December 2020 letter identified the Veteran by his full name and his VA file number, and a clear statement withdrawing all issues on appeal.  Thus, the communication from the Veteran’s attorney meets all requirements of 38 C.F.R. § 19.55, and it is considered a valid withdrawal of all appeals.

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.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. K. Hall, 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.