Citation Nr: 21021656
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 18-53 297A
DATE: April 13, 2021

ORDER

Entitlement to a temporary total disability rating for a back disability is dismissed.

FINDING OF FACT

The Veteran has withdrawn his appeal seeking entitlement to a temporary total disability rating for a back disability.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a temporary total disability rating for a back disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from October 1969 to July 1971.  He had additional service in the Naval Reserve and the Army National Guard.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board in February 2020, when it was remanded for further development. In addition, the Board remanded claims for service connection for a back disability and an acquired psychiatric disorder and a total disability rating based upon individual unemployability (TDIU) for further development.

A November 2020 rating decision granted service connection for a lumbosacral strain with degenerative arthritis and posttraumatic stress disorder and assigned an initial rating for each condition. As this decision represents a full grant of the benefits sought with respect to these claims for service connection, such issues are no longer before the Board for consideration. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1977). This decision also awarded entitlement to a TDIU, effective February 4, 2019, which the agency of original jurisdiction (AOJ) considered to be a full grant of benefits on appeal.

1. Withdrawal

In a March 2021 statement, the Veteran’s representative related that the Veteran wished to withdraw his pending appeal, as per an email from the Veteran.  See representative statement, received by VA March 31, 2021.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 their authorized representative.  38 C.F.R. § 20.204.  

The Veteran has withdrawn the appeal on the issue of entitlement to a temporary total disability rating for a back disability.  This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R.                      § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issue, the Board does not have jurisdiction over this issue, and it is dismissed.

As such, the issue of entitlement to a temporary total disability rating for a back disability is not currently before the Board.  It is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lech, 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.