holding that when it is ambiguous whether a claim is withdrawn in a written letter, “it is not sufficient for the Board to conclude there was an abandonment without providing an adequate statement of reasons or bases to support that conclusion”
How later courts described this case
- holding that when it is ambiguous whether a claim is withdrawn in a written letter, “it is not sufficient for the Board to conclude there was an abandonment without providing an adequate statement of reasons or bases to support that conclusion”
- setting aside Board finding that claimant withdrew his appeal where (1) the claimant’s letter to his service representative stated he had “come to an agreement” in regard to the disability rating for his right leg, and (2) the service representative’s presentation to the Board omitted mention of the right leg rating, but (3) the presentation of the claimant’s other service representative mentioned the right leg rating
- setting aside Board finding that claimant "withdrew his appeal where (1) the claimant’s letter to his service representative stated he had “come to an agreement” with the disability rating for his right leg, and (2) the service representative’s presentation to the Board omitted mention of the right-leg rating, but (3) the presentation of the claimant’s other service representative mentioned the right-leg rating
- setting aside a Board finding that a veteran withdrew his appeal as to the appropriate evaluation where a letter to his representative stated he had “come to an agreement” with his evaluation, one representative omitted mentioning the evaluation, and a second representative actually argued the evaluation issue
Written by the judges who cited it.
The opinion
HOLDAWAY, Judge,
concurring in part and dissenting in part:
I concur as to that part of the opinion concerning the claim for residuals of a bunio-nectomy. As to the right knee disability, the letter from the appellant to his representative agreeing to the 10% rating is clear and unequivocal. I find no ambiguity whatever in that letter; he abandoned any appeal he may have had as to a higher rating for his right knee disability. I would further opine that if a clear and unequivocal withdrawal is made by a claimant, and he is the one who, later, introduces “ambiguity” into the withdrawal, then he should bear the burden of establishing that the claim was not withdrawn.