Citation Nr: 21031144
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-46 539
DATE: May 20, 2021

ORDER

Entitlement to a rating in excess of 30 percent for asthma is dismissed.

FINDING OF FACT

By the submission dated August 17, 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew her claim of entitlement to an increased rating for asthma.

CONCLUSION OF LAW

The criteria for withdrawal of a claim of entitlement to an increased rating for asthma by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from October 1992 to June 1995.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In December 2018, the Board remanded the instant matter as well as claims for service connection for right foot tendonitis, left foot tendonitis, a bilateral knee strain and bilateral trochanteric bursitis.

A June 2020 rating decision granted the Veteran's claim for service connection for a right knee strain, a left knee strain, bilateral flat feet with foot strain, right hip trochanteric bursitis with hip strain and left hip trochanteric bursitis with hip strain; an initial rating was assigned for each disability. 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).

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

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The Veteran withdrew her appeal for entitlement to an increased rating for asthma in an August 2020 Appeals Satisfaction Notice submitted directly to VA. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the Veteran was satisfied by the decision rendered and wished to withdraw all remaining issues contained in the recent Supplemental Statement of the Case (SSOC). See 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.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. M. Donahue Boushehri, 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.