Citation Nr: 21025160
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 13-23 548
DATE: April 27, 2021

ORDER

The appeal seeking more than a 30 percent rating for service-connected cervical spine degenerative disc disease and a total disability rating based on individual unemployability (TDIU) prior to August 28, 2019 is dismissed.

FINDING OF FACT

On January 25, 2021, prior to the promulgation of a decision in the appeal, the Board received an appeal satisfaction notice from the appellant requesting a withdrawal of all issues remaining on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is the surviving spouse of a Veteran who served on active duty from January 1967 to May 1967 with additional active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) periods. He died in September 2020 and she has since been substituted in his stead. The undersigned held a May 2016 hearing in this appeal and a transcript is of record. The Board remanded this matter in September 2016 and May 2018.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Here, the appellant has withdrawn this appeal by January 2021 correspondence and confirmed it in subsequent March 2021 correspondence. Therefore, 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.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.