Citation Nr: 21030585
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 18-33 182
DATE: May 19, 2021

ORDER

1. Entitlement to service connection for joint pains due to exposure to radiation and/or depleted uranium has been withdrawn and is dismissed.

2. Entitlement to service connection for bilateral hearing loss disability has been withdrawn and is dismissed.

3. Entitlement to service connection for residuals of traumatic brain injury (TBI) has been withdrawn and is dismissed.

4. Entitlement to an initial disability rating in excess of 10 percent for lumbar strain with degenerative arthritis of the spine with mild disc space narrowing has been withdrawn and is dismissed.

5. Entitlement to an increased disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with anxiety has been withdrawn and is dismissed.

6. Entitlement to an initial disability rating in excess of 30 percent for psoriasis has been withdrawn and is dismissed.

7. Entitlement to an initial disability rating in excess of 10 percent for bilateral tinnitus has been withdrawn and is dismissed.

8. Entitlement to a compensable initial disability rating for degenerative disease of the first toe of the left foot has been withdrawn and is dismissed.

9. Entitlement to a compensable initial disability rating for left eye residuals of a retinal tear with history of keratoconjunctivitis has been withdrawn and is dismissed.

10. Entitlement to an initial disability rating in excess of 10 percent for left ankle sprain with mild degenerative arthritis and retrocalcaneal bursitis has been withdrawn and is dismissed.

11. Entitlement to a total disability rating for compensation based upon individual unemployability (TDIU) has been withdrawn and is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's attorney that the Veteran wished to withdraw "any and all" issues on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran's authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In March 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's attorney that the Veteran wished to withdraw "any and all" issues on appeal.  As such, the Veteran's attorney has properly withdrawn all claims on appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the matters listed in the Order, and they are dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Chad Johnson, 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.