Citation Nr: 21031887
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 14-09 886
DATE: May 24, 2021

ORDER

The claim for a higher evaluation for the residuals of right ankle fracture greater than 10 percent prior to February 20, 2014, greater than 20 percent from February 20, 2014 to January 30, 2017, and greater than 10 percent beginning January 30, 2017 is dismissed.

The claim for a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

On April 9, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant in writing that he wished to withdraw from appeal the claims for a higher evaluation for the residuals of right ankle fracture greater than 10 percent prior to February 20, 2014, greater than 20 percent from February 20, 2014 to January 30, 2017, and greater than 10 percent beginning January 30, 2017; and for TDIU.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the appellant as to the issue of a higher evaluation for the residuals of right ankle fracture greater than 10 percent prior to February 20, 2014, greater than 20 percent from February 20, 2014 to January 30, 2017, and greater than 10 percent beginning January 30, 2017 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal by the appellant as to the issue of entitlement to TDIU are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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In the present case, the appellant has withdrawn his appeal as to the issues of (1) an evaluation for service-connected residuals of a right ankle fracture greater than 10 percent prior to February 20, 2014, an evaluation greater than 20 percent from February 20, 2014 to January 30, 2017, and greater than 10 percent beginning January 30, 2017; and (2) for TDIU.  

 

Hence, 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.

 

 

TRACIE N. WESNER

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bakke, Lila J.

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.