Citation Nr: 21040107
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 16-28 322
DATE: July 2, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a November 2020 Appeals Satisfaction Notice, the Veteran expressed satisfaction with the most recent rating decision (September 2020 rating decision) and Supplemental Statement of the Case (SSOC) and requested to withdraw the remaining issues on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 from May 1976 to June 1996.

These matters come before the Board of Veterans' Appeals (Board) from a February 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran underwent a hearing with the undersigned Veterans Law Judge (VLJ) in March 2019. A transcript of the hearing is associated with the record.

In March 2020 the Board reopened and granted service connection for a low back disability and tinnitus; granted service connection for an acquired psychiatric disorder; and dismissed service connection for a left foot strain. In addition, the Board remanded the Veteran's claim for service connection for a neck disability, and remanded the Veteran's increased rating claims for his left knee, right heel calcaneal spur with plantar fasciitis, right ankle disability, right wrist disability, residuals of a left forearm growth removal; and TDIU. 

In a September 2020 rating decision, the RO granted service connection for a cervical strain disability. In addition, the RO granted service connection for a painful scar, left forearm lateral and medial; a right wrist scar, and increased the Veteran's left total knee replacement with degenerative arthritis (previously rated as left total knee replacement) to 40 percent.

In a September 2020 Supplemental Statement of the Case (SSOC), the RO found no increases were warranted for the 10 percent rating for left knee degenerative joint disease and total knee replacement from March 13, 2006 to December 28, 2010, and for a 30 percent rating from February 1, 2012; for the 20 percent rating for right heel calcaneal spur with plantar fasciitis, for a 10 percent rating for a right ankle condition, for a 10 percent rating for the right wrist status post fusion to include scar, for the noncompensable rating for residuals left forearm growth removal to include scar and the denial of a TDIU.  

In November 2020, the Veteran submitted a signed Appeals Satisfaction Notice to VA in response to receiving the September 2020 SSOC, stating he is satisfied and wished to withdraw all remaining associated appeals.

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 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.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.D.

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.