Citation Nr: 22010972
Decision Date: 02/25/22	Archive Date: 02/25/22

DOCKET NO. 20-26 796
DATE: February 25, 2022

ORDER

The issue of whether new and material evidence has been received to reopen service connection for hypertension, and if so, whether service connection is warranted, having been withdrawn by the Veteran, is dismissed.

The issue of entitlement to an increased disability rating for service connected anemia in excess of 10 percent, having been withdrawn by the Veteran, is dismissed.

The issue of entitlement to an increased disability rating for service connected gastroesophageal reflex disease (GERD) in excess of 0 percent (noncompensable) prior to January 8, 2019, and in excess of 30 percent thereafter, having been withdrawn by the Veteran, is dismissed.

FINDING OF FACT

On March 14, 2021, prior to the promulgation of a decision in the instant appeal, the Board of Veterans' Appeals (Board) was informed, in writing by the Veteran, that the anemia and GERD rating issues, and the question of whether to reopen service connection for hypertension, were no longer being pursued on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the issue of whether new and material evidence has been received to reopen service connection for hypertension have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the issue of an increased disability rating for service connected anemia in excess of 10 percent have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the issue of an increased disability rating for service connected GERD in excess of 0 percent (noncompensable) prior to January 8, 2019, and in excess of 30 percent thereafter, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran, who is the appellant, had active service from November 1969 to November 1970.

This matter came before the Board on appeal from a December 2015 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.

1. Service Connection for Hypertension is Withdrawn 

2. An Increased Disability Rating for Anemia is Withdrawn

3. An Increased Disability Rating for GERD is Withdrawn

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

On March 14, 2021, prior to the promulgation of a decision in the instant appeal, the Board was informed, in writing by the Veteran, that the anemia and GERD rating issues, and the question of whether to reopen service connection for hypertension, were no longer being pursued on appeal.  Specifically, the Board received a signed Appeals Satisfaction Notice following the issuance of an August 2020 supplemental statement of the case (SSOC).  Further, VA forms received in April 2021, November 2021, and January 2022, via VA Form 27-0820, Report of General Information, all reflect that the Veteran conveyed wanting to withdraw the instant appeal.

As the Veteran has withdrawn the appeal regarding the issues of whether new and material evidence has been received to reopen service connection for hypertension, an increased disability rating for service connected anemia in excess of 10 percent, and an increased disability rating for service connected GERD, 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 will be dismissed.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Blowers, 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.