Citation Nr: 21042350
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-18 173
DATE: July 12, 2021

ORDER

The appeal as to the issue of entitlement to an initial rating in excess of 20 percent for duodenal ulcer and gastroesophageal reflux disease (GERD) prior to April 1, 2021, and in excess of 60 percent thereafter, is dismissed.

FINDING OF FACT

On June 27, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of the appeal as to the issue of entitlement to a rating in excess of 20 percent for duodenal ulcer and GERD prior to April 1, 2021, and in excess of 60 percent thereafter is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal as to the issue of entitlement to a rating in excess of 20 percent for duodenal ulcer and GERD prior to April 1, 2021, and in excess of 60 percent thereafter by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration as to the issue of entitlement to a rating in excess of 20 percent for duodenal ulcer and GERD prior to April 1, 2021, and in excess of 60 percent thereafter. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Comninos, Georgio

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.