Citation Nr: 1408294	
Decision Date: 02/26/14    Archive Date: 03/07/14

DOCKET NO.  08-33 514	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUE

Entitlement to a disability rating in excess of 20 percent for residuals of a fracture of the left scapula, with chronic pain syndrome.  


REPRESENTATION

Appellant represented by:	Colorado Division of Veterans Affairs


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

S. Keyvan, Counsel


INTRODUCTION

The Veteran served on active duty from May 1972 to June 1992.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado, which increased the disability rating for the Veteran's service-connected left shoulder disability to 20 percent disabling, effective May 18, 2006.  

During the current appeal, and specifically in July 2010, the Veteran testified at a Board videoconference hearing.  A transcript of the testimony has been associated with the Veteran's claims file.  

This matter was previously before the Board in March 2011 at which time it was remanded for additional development.  It is now returned to the Board. 

The Veteran also has a Virtual VA paperless claims file, which is a highly secured electronic repository that is used to store and review documents involved in the claims process.  As set forth below, in letters dated in November and December 2012, the Veteran requested a withdrawal of his appeal with respect to the remaining issue listed above on the cover page of this decision.  Thus, this issue has been dismissed below.  See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc), aff'd, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease).



FINDINGS OF FACT

1.  The Veteran in this case served on active duty from May 1972 to June 1992.

2.  On December 3, 2012, 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 or his or her authorized representative have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2013).



REASONS AND BASES FOR FINDINGS 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.A. § 7105 (West 2002).  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. § 20.204 (2013).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In several letters dated in November and December 2012, the Veteran acknowledged having received the most recent rating decision which confirmed and continued the 20 percent disability rating assigned for his left shoulder disability, and indicated that he was satisfied with his current combined disability evaluation of 60 percent.  The Veteran further expressed his desire to withdraw from appellate review his claim for a rating in excess of 20 percent for residuals of fracture, left scapula with residuals of chronic pain syndrome.  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.





ORDER

The appeal is dismissed.



____________________________________________
JAMES L. MARCH
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs