Citation Nr: 21028044
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 17-56 593
DATE: May 10, 2021

ORDER

The appeal as to the issue of an initial disability rating greater than 20 percent for service-connected residuals of total right hip replacement (previously rated as iliotibial band syndrome of the right thigh with heterotopic ossification) is dismissed.

FINDING OF FACT

In correspondence received by VA in March 2021, the Veteran withdrew his claim of entitlement to an initial disability rating greater than 20 percent for service-connected residuals of total right hip replacement (previously rated as iliotibial band syndrome of the right thigh with heterotopic ossification).

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an initial disability rating greater than 20 percent for service-connected residuals of total right hip replacement (previously rated as iliotibial band syndrome of the right thigh with heterotopic ossification).  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 1965 to July 1967.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision of a Department of Veterans Affairs (VA), Regional Office (RO), that granted service connection for iliotibial band syndrome of the right thigh with heterotopic ossification and assigned an initial noncompensable disability rating, effective as of December 18, 2015.

In July 2017, the RO determined that the service-connected right thigh disability warranted a 10 percent disability rating, effective as of July 3, 2017. 

In September 2019, the Veteran testified at a video conference hearing over which the undersigned presided.  A transcript of that hearing is of record.

This matter was previously before the Board in November 2019 at which time it was remanded for additional development.  Thereafter, by rating action dated in February 2021, the RO recharacterized the Veteran's service-connected disability as residuals of total right hip replacement (previously rated as iliotibial band syndrome of the right thigh with heterotopic ossification) and assigned an increased disability rating of 20 percent, effective as of December 18, 2015.

Entitlement to an initial disability rating greater than 20 percent for service-connected residuals of total right hip replacement (previously rated as iliotibial band syndrome of the right thigh with heterotopic ossification).

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 authorized representative.  38 C.F.R. § 19.55.  A withdrawal must be explicit, unambiguous, and done with a full understanding of the consequences of such action by the appellant and the subsequent Board dismissal must include findings as to all three elements.  See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

In the present case, in correspondence received by VA in March 2021, the Veteran withdrew his claim of entitlement to an initial disability rating greater than 20 percent for service-connected residuals of total right hip replacement (previously rated as iliotibial band syndrome of the right thigh with heterotopic ossification).  Based on the foregoing, the Board finds the Veteran explicitly, unambiguously, and with a full understanding of the consequences of such action, withdrew the claim.  

Accordingly, there remain no allegations of errors of fact or law for appellate consideration.  Therefore, the Board does not have jurisdiction to review the foregoing appeal, and it is dismissed. 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Orfanoudis, 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.