Citation Nr: 22018937
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 18-24 563
DATE: March 30, 2022

ORDER

A rating in excess of 10 percent for right lower extremity sciatic neuropathy with degenerative disc disease is dismissed. 

A rating in excess of 20 percent for residuals of a gunshot wound to the left foot is dismissed.

FINDINGS OF FACT

1.  The Veteran served on active duty from July 1950 to July 1953 and from September 1953 to September 1970; he has been 100 percent disabled since January 2019.

2.  In March 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran through his authorized representative that he wished to withdraw these appeals.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran through his authorized representative has withdrawn this appeal in March 2022 correspondence meeting all the criteria specified in 38 C.F.R. § 19.55 for a valid withdrawal, and, hence, there remain no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.

Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration.  See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record).

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Brendan Evans, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.