Citation Nr: 25006563
Decision Date: 05/14/25	Archive Date: 05/14/25

DOCKET NO. 15-22 076
DATE: May 14, 2025

ORDER

The appeal concerning entitlement to an effective date earlier than September 4, 2013 for the award of a 100 percent rating for loss of use of both feet is dismissed.

The appeal concerning entitlement to an effective date earlier than September 4, 2013 for the award of special monthly compensation (SMC) at the rate provided under 38 U.S.C. § 1114(m) is dismissed.

FINDING OF FACT

In March 2025, prior to issuance of a decision in the appeal, the Board received a statement that the Veteran wishes to withdraw the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to a rating higher than 40 percent for a low back disability 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 in the United States Army from May 1983 to February 1987.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In a March 2023 decision, the Board, in pertinent part, granted a 100 percent rating for the Veteran's loss of use of both feet and SMC at the (m) rate, with an effective date of September 4, 2013 for both awards.  The United States Court of Appeals for Veterans Claims (Court) vacated that portion of the Board's decision in a February 2024 Order, which granted a joint motion for partial remand (JMPR) filed by the Veteran and VA's Office of the General Counsel.  The Court remanded the matters identified in the JMPR to the Board for action consistent with the terms of the joint motion.  The Board in turn remanded the case to the agency of original jurisdiction in October 2024 for further development. 

The Veteran testified at a hearing before the undersigned Veterans Law Judge in March 2017.  A transcript of the hearing is in the claims file.

Appeal Withdrawal

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision.  38 C.F.R. § 19.55(a).  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran or the name of the claimant or appellant if other than the veteran, the applicable Department of Veterans Affairs (VA) file number, and a statement that the appeal is withdrawn.  38 C.F.R. § 19.55(b)(1).  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.  Id.  

Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies  38 C.F.R. § 19.55(c).

Here, the Board received a March 2025 written statement authored by the Veteran's representative on his behalf withdrawing the issues of entitlement to a rating higher than 100 percent for loss of use of both feet prior to September 4, 2013, and entitlement to SMC at the rate provided under 38 U.S.C. § 1114(m) prior to September 4, 2013.  It was received before the Board issued a final decision in this matter.  Accordingly, the criteria for withdrawal of an appeal are satisfied.  See id.  

As there remain no allegations of errors of fact or law with respect to this matter, which has been withdrawn, the appeal is dismissed.  38 U.S.C. § 7105. 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rutkin

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.