Citation Nr: 21032561
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 15-06 185
DATE: May 27, 2021

ORDER

1. Entitlement to a rating in excess of 10 percent prior to December 27, 2012, and in excess of 20 percent thereafter, for fractured right foot with residual osteoarthritis with nonunion of the fifth metatarsals is dismissed.

2. Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is dismissed.  

FINDINGS OF FACT

1. On March 10, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Air Force from April 1969 to October 1973. 

This matter is before the Board of Veterans' Appeal (Board) on appeal from a January 2014 rating decision. The Board remanded the appeal in September 2018.

1. Entitlement to a rating in excess of 10 percent prior to December 27, 2012, and in excess of 20 percent thereafter, for fractured right foot with residual osteoarthritis with nonunion of the fifth metatarsals is dismissed. 

2. Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is dismissed. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. 

In this regard, on March 10, 2021, the Veteran submitted an appeals satisfaction notice. The Veteran acknowledged that by signing the form she was withdrawing all remaining issues contained in her most recent supplemental statement of the case (SSOC). Her most recent SSOC, from January 2021, addressed her claims on appeal (increased rating for fractured right foot with residual osteoarthritis and nonunion of the fifth metatarsal, and entitlement to TDIU). 

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Based on review of the record, the Board finds that the Veteran explicitly and unambiguously withdrew all claims in appellate status. In the present case, the Veteran has withdrawn this 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 appeal and it is dismissed.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Russell, Tangela

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.