Citation Nr: 21016090
Decision Date: 03/19/21	Archive Date: 03/19/21

DOCKET NO. 17-17 310
DATE: March 19, 2021

ORDER

Entitlement to service connection for a disorder manifested by balance and gait impairment (also claimed as a possible vestibular disorder), to include as secondary to service-connected traumatic brain injury (TBI), is dismissed.

Entitlement to an initial disability rating in excess of 10 percent for TBI is dismissed.

Entitlement to an effective date earlier than October 5, 2016 for the award of a total disability rating based upon individual unemployability (TDIU) is dismissed.

Entitlement to an effective date earlier than October 5, 2016 for the award of Dependents’ Educational Assistance (DEA) benefits is dismissed.

FINDING OF FACT

In a written statement received in November 2020, prior to the promulgation of a decision in the appeal, the Veteran, through his attorney, expressed his desire to withdraw his appeal regarding his claims of entitlement to service connection for a disorder manifested by balance and gait impairment, entitlement to an initial rating in excess of 10 percent for TBI, and entitlement to an effective date earlier than October 5, 2016 for the awards of TDIU and DEA benefits.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issues of entitlement to service connection for a disorder manifested by balance and gait impairment, entitlement to an initial rating in excess of 10 percent for TBI, and entitlement to an effective date earlier than October 5, 2016 for the awards of TDIU and DEA benefits by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105(b)(2) (2012); 38 C.F.R. § 20.204 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Navy from July 1983 to July 1988.

In February 2020, the Veteran testified before the undersigned at a Board of Veterans’ Appeals (Board) videoconference hearing.  A transcript of the hearing is of record.  The Board remanded the matters on appeal in May 2020.

Withdrawal and Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.

Here, in November 2020, prior to the promulgation of a Board decision with respect to these matters, the Veteran’s attorney submitted a written statement indicating that the Veteran was satisfied and wished to withdraw his appeal regarding the issues of entitlement to service connection for a disorder manifested by balance and gait impairment, entitlement to an initial rating in excess of 10 percent for TBI, and entitlement to an effective date earlier than October 5, 2016 for the awards of TDIU and DEA benefits.  The Board finds that the withdrawal satisfies the requirements for a written withdrawal.  38 C.F.R. § 20.205; see also Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that a written withdrawal request is effective where it includes the name of the veteran/claimant/appellant, the file number, and a statement that the appeal is withdrawn).  Accordingly, the Board finds that the appeal with respect to these claims has been withdrawn.

As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claims are dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Minot, 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.