Citation Nr: 22012846
Decision Date: 03/07/22	Archive Date: 03/07/22

DOCKET NO. 19-01 967
DATE: March 7, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

In December 2021, prior to the promulgation of a decision on the appeal, the Veteran's representative notified the Board of Veterans' Appeals (Board) that the Veteran wished to withdraw his appeal of all issues listed on a December 12, 2018, statement of the case (SOC).

CONCLUSIONS OF LAW

1. The criteria for dismissal of the issue of entitlement to service connection for allergic rhinitis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the issue of entitlement to a rating in excess of 20 percent for obstructive benign prostatism have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of the issue of entitlement to a rating in excess of 10 percent for a left knee disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of the issue of entitlement to a compensable evaluation for residuals of 4th and 5th left hand metacarpal fractures have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for dismissal of the issue of entitlement to a compensable evaluation for residuals of a right hand ring finger proximal phalanx fracture have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

6. The criteria for dismissal of the issue of entitlement to an effective date prior to April 20, 2015, for a 50 percent rating for bilateral plantar fascitis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from March 1978 to June 1992.  This matter comes before the Board on appeal from an August 2015 rating decision issued by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

The Board notes that the Veteran requested a videoconference hearing in his January 2019 VA Form 9, but his authorized representative withdrew the appeal for all issues listed on the December 12, 2018, SOC, which corresponds to all issues noted above.  See December 2021 Third Party Correspondence.  Therefore, the request for a hearing before the Board is withdrawn.  See 38 C.F.R. § 20.704(e).  

 

Moreover, as no specific determination with which the claimant disagrees remains for appellate consideration, the Board does not have jurisdiction to review the appeal.  The appeal is dismissed.  38 U.S.C. § 7105(d).

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Odya-Weis

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.