Citation Nr: 21015056
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-10 316
DATE: March 16, 2021

ORDER

Entitlement to a temporary total disability due to a stroke is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of the appeal for entitlement to temporary total disability due to a stroke is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant for entitlement to temporary total disability due to a stroke have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from October 1983 to August 1995.  The Veteran is a Gulf War Era Veteran who also served during Peacetime.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the Veteran has withdrawn his appeal for entitlement to temporary total disability due to a stroke and, hence, there remain no allegations of errors of fact or law for appellate consideration.  See Communication, dated March 2021.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

ANTHONY C. SCIRÉ, JR.

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.