Citation Nr: 21040990
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 16-46 695
DATE: July 7, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a December 2020 Appeals Satisfaction Notice, the Veteran expressed satisfaction with the most recent November 2020 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 December 1972 to January 1975. 

In December 2018, the Board remanded the issues of entitlement to a compensable initial rating for a retained bullet fragment right lateral chest wall-border of the right sixth rib; entitlement to a compensable initial rating for healed scars on anterior & posterior chest walls and left deltoid due to gunshot wounds; and entitlement to a total disability rating for individual unemployability (TDIU).

In a November 12, 2020 rating decision, the RO granted the evaluation of retained bullet fragment right lateral chest wall-border of the right sixth rib to 20 percent effective February 25, 2011, and granted TDIU. 

In its November 12, 2020 SSOC, the RO indicated that a rating greater than 20 percent for retained bullet fragment right lateral chest wall-border of the right sixth rib was not warranted, found no increase was warranted for healed scars on anterior & posterior chest walls and left deltoid due to gunshot wounds, and noted that TDIU was granted effective January 29, 2014 with entitlement to a TDIU prior to January 29, 2014 being denied. 

In a November 17, 2020 rating decision, the RO indicated that a clear and unmistakable error had been found in the assigned 20 percent evaluation for retained bullet fragment right lateral chest wall-border of right sixth rib and that the RO is proposing to reduce the evaluation to 0 percent. In addition, the RO indicated that entitlement to TDIU is proposed to be discontinued. 

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

In a February 2021 rating decision, the evaluation of retained bullet fragment right lateral chest wall-border of right sixth rib was decreased to 0 percent effective May 1, 2021, and entitlement to TDIU was discontinued effective May 1, 2021.

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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.