Citation Nr: 21042681
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 20-01 200
DATE: July 13, 2021

ORDER

1. Entitlement to a disability rating in excess of 10 percent for bilateral calcified pleural plaques has been withdrawn and is dismissed.

2. Entitlement to service connection for residuals of prostate cancer has been withdrawn and is dismissed.

3. Entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU) has been withdrawn and is dismissed.

FINDING OF FACT

On March 8, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal as to the claims for an increased disability rating for bilateral calcified pleural plaques, service connection for residuals of prostate cancer, and entitlement to a TDIU rating.

CONCLUSION OF LAW

The criteria for withdrawal of the claims for a disability rating in excess of 10 percent for the service-connected bilateral calcified pleural plaques; service connection for residuals of prostate cancer; and entitlement to a TDIU rating by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 1958 to February 1961.

The Veteran testified via live video conference at a hearing before a Veterans Law Judge (VLJ) in May 2019.

In a December 2019 decision, the Board of Veterans' Appeals (Board) remanded the claims for an increased rating for bilateral calcified pleural plaques and a TDIU rating for further development. During the remand, the Veteran requested that the claims be withdrawn.

Following the Board's remand, the Veteran submitted a statement requesting to withdraw of all the claims in this appeal. See April 2020 VA Form 21-4138; see also March 2021 Withdrawal from Case. Specifically, in this statement, he explained that he did not wish to proceed with the remanded claim. Within the December 2019 Board decision, he had been awarded a restoration of a 10 percent disability rating for bilateral calcified pleural plaques from September 1, 2015. In the meantime, the Veteran had perfected an appeal involving service connection for residuals of prostate cancer and requested a hearing. Then in March 2021, the Veteran authorized his attorney at the time to withdraw all pending claims with the VA and withdraw the hearing request. The Board finds that the Veteran's intention to withdraw all three claims listed on the first page is clear.

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 the present case, the Veteran has withdrawn all claims on 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.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Griffin, Associate Counsel

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.