Citation Nr: 25005647
Decision Date: 04/24/25	Archive Date: 04/24/25

DOCKET NO. 15-26 054
DATE: April 24, 2025

ORDER

The appeal concerning the issues of entitlement to a compensable rating for non-Hodgkin's lymphoma (NHL) and entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

On February 4, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1966 to September 1968. 

This appeal comes before the Board of Veterans' Appeals (Board) on appeal of an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

The appeal was last before the Board in September 2024, at which time it was remanded for further development. The issues being remanded included the issues setout above, as well as the issue of entitlement to service connection for a heart disability. In a December 2024 rating decision, the RO granted entitlement to service connection for a heart condition. In February 2024, the RO issued a supplemental statement of the case concerning the issues of entitlement to a compensable rating for NHL and entitlement to a TDIU. The appeal was the returned to the Board for further appellate review. 

On February 4, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw all remaining issues on appeal, as he was satisfied with the recent grant of one or more of the issues on appeal (service connection for his heart condition).   

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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