Citation Nr: A25035802
Decision Date: 04/18/25	Archive Date: 04/18/25

DOCKET NO. 210701-169792
DATE: April 18, 2025

ORDER

The appeal concerning the issue of proper accounting for an assigned 100 percent combined disability rating is dismissed.

FINDING OF FACT

On April 2, 2024, 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 Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDING 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In a May 2021 rating decision, the AOJ granted entitlement to an increased evaluation to 50 percent, effective April 29, 2021, for status post right bicep reconstruction; an increased evaluation to 30 percent, effective April 29, 2021, for impairment of supination and pronation of right forearm; continued a noncompensable evaluation for limitation of extension of the right forearm; and deferred decisions on increased rating for right forearm neuritis and scar. The Veteran submitted VA Form 10182 in the evidence docket in July 2021, prior to the decision for the deferred issues, disagreeing with the assigned total combined evaluation resulting from the May 2021 rating decision, which was listed as 90 percent with payments to the Veteran reflected as such. In July 2021, the deferred issues were adjudicated, granting a 40 percent evaluation for right forearm neuritis, effective April 29, 2021, and scar at 10 percent from the same date. In a September 2021 notice letter, VA notified the Veteran it had reviewed the payment issue and adjusted the total evaluation to reflect 100 percent and arranged for appropriate adjustment in the payment system. In April 2024, the Veteran informed VA that he wished to withdraw the pending appeal related to the July 2021 VA Form 10182. Therefore, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Miller, Erin (BVA)

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.