Citation Nr: 1318457	
Decision Date: 06/06/13    Archive Date: 06/11/13

DOCKET NO.  12-18 490	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, Texas


THE ISSUE

Entitlement to a rating higher than 20 percent for right shoulder acromioclavicular separation, postoperative, with scar.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

P. Childers, Counsel


INTRODUCTION

The Veteran had active military service from April 1988 to April 1992.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas, which increased the rating for the Veteran's service-connected right shoulder acromioclavicular separation disability from 0 percent to 20 percent effective February 7, 2011.


FINDING OF FACT

In correspondence dated in May 2013, prior to promulgation of a decision by the Board in the matter, the Veteran withdrew his appeal for a rating higher than 20 percent for right shoulder acromioclavicular separation, postoperative, with scar.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal on the issue of a rating higher than 20 percent for right shoulder acromioclavicular separation, postoperative, with scar, have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

In February 2011 the Veteran filed a claim for an increased rating for his right shoulder acromioclavicular separation disability, which was then evaluated as 0 percent disabling.  In a rating decision in February2012 the RO increased the rating to 20 percent.  In June 2012 the Veteran perfected an appeal in the matter; however, in correspondence dated in May 2013 he stated that he was withdrawing his appeal for a rating higher than 20 percent for his service-connected right shoulder acromioclavicular separation disability.  

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204(b).  Withdrawal may be made by the veteran or his authorized representative.  38 C.F.R. § 20.204(a).  

The Veteran's May 2013 correspondence, which was received by the Board prior to its promulgation of a decision in this matter, clearly evinces the Veteran's desire to withdraw his appeal.  Consequently, there remain no allegations of errors of fact or law for appellate consideration in this matter.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.  38 U.S.C.A. § 7105.


ORDER

The Veteran's appeal for a rating higher than 20 percent for his right shoulder acromioclavicular separation disability is dismissed.



____________________________________________
STEVEN D. REISS
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs