Citation Nr: 21029707
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 17-35 357
DATE: May 14, 2021

ORDER

Entitlement to an initial rating in excess of 10 percent for residuals, left ankle, status post ligament repair is dismissed.

Entitlement to an initial compensable rating for left ankle scar, status post ligament repair is dismissed.

FINDING OF FACT

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. § 19.55.

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. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Navy from January 1975 to January 1981 and from July 1982 to April 1985.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The appeal previously included claims of service connection for an acquired psychiatric disability and a total rating based on individual unemployability.  The RO granted the claims in a November 2020 rating decision.  As these awards represented a full grant of the benefits sought on appeal, the claims are no longer before the Board.

In April 2021, the Veteran's representative submitted a Motion to Withdraw Claims and Representation.  The Veteran's representative requested to withdraw representation explaining that due to the Veteran's withdraw of his appeal, representation has become impossible, impractical, or unethical.  The Board finds that good cause has been shown for withdrawal of representation, and the motion is granted. See 38 C.F.R. § 20.6.

Increased rating claims.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.

Here, in a March 2021 signed statement to the Board, the Veteran requested to withdraw his claims for an increased rating for residuals, left ankle, status post ligament repair and an increased rating for scar, left ankle that were returned to the Board.  The Veteran stated that he was satisfied with his current ratings. Additionally, the signed statement was received after the issuance of a SSOC, demonstrating that the Veteran was aware of the consequences of his actions.  DiLisio v. Shinseki, 25 Vet. App. 45 (2011). 

 

As the Veteran has indicated that he wishes to withdraw his entire appeal, no allegation of error of fact or law remains before the Board for consideration.  38 C.F.R. § 19.55(c).  Accordingly, the Board does not have jurisdiction to review the appeal, and it must be dismissed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Mortimer, 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.