Citation Nr: 22016102
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 18-49 046
DATE: March 21, 2022

ORDER

The claim for a rating in excess of 30 percent prior to June 1, 2015, and in excess of 60 percent thereafter, to include an earlier effective date for a temporary 100 percent rating assigned from February 18, 2015, to May 31, 2015, for the service-connected ischemic heart disease, status-post myocardial infarction, is dismissed.

FINDING OF FACT

On April 1, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his authorized representative, that he is requesting withdrawal of his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902 (c).

On April 1, 2020, the Veteran, through his representative, submitted a statement noting that he agreed with the 60 percent rating and no longer wished to appeal it or argue for a 100 percent rating for his ischemic heart disease, post myocardial infarction. It was requested to remove this case from the docket.  Additionally, the Board notes that at a March 2022 Board hearing, which was held for a separate issue under a different appellate stream, the Veteran reiterated his wish to withdraw his claim for a rating in excess of 30 percent prior to June 1, 2015, and in excess of 60 percent thereafter, to include an earlier effective date for a temporary 100 percent rating assigned from February 18, 2015, to May 31, 2015, for service-connected ischemic heart disease, status-post myocardial infarction. 

(Continued on the next page)

 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Trowers, 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.