Citation Nr: 18141238
Decision Date: 10/10/18	Archive Date: 10/09/18

DOCKET NO. 14-40 374
DATE:	October 10, 2018
ORDER
Entitlement to a rating in excess of 20 percent for right shoulder residuals, status post dislocation is dismissed.
Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.
FINDING OF FACT
In August 2018, prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran, through his attorney, that he wished to withdraw his appeal.
CONCLUSION OF LAW
The criteria for withdrawal of substantive appeal of the issues of entitlement to increased ratings for PTSD and right shoulder residuals have been met. 38 U.S.C.  § 7105; 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active service from June 2004 to November 2004 and from December 2005 to November 2006.
Increased Rating
1. Entitlement to a rating in excess of 20 percent for right shoulder residuals, status post dislocation
2. Entitlement to a disability rating in excess of 70 percent for major depressive disorder
A veteran may withdraw his or her appeal in writing at any time before the Board promulgates a final decision. 38 C.F.R. § 20.204.  When a veteran does so, the withdrawal effectively creates a situation in which an allegation of error of fact or law no longer exists.  In such an instance, the Board does not have jurisdiction to review the appeal, and a dismissal is then appropriate. 38 U.S.C. § 7105 (d); 38 C.F.R. §§ 20.101, 20.202.
The Veteran perfected his appeal of the above listed claims in October 2014. The record shows that the Veteran was provided a Summary of Benefits in June 2018. Notice of his scheduled hearing before a Veterans Law Judge was sent to him and his attorney in July 2018. In correspondence received in August 2018, the Veteran’s attorney indicated that his client (the Veteran) wished to withdraw his formal appeal to the Board.  The statement of withdrawal was signed by the Veteran’s attorney and submitted into the record.  Such was in full compliance with Rule 204 and demonstrates that the withdrawal by the Veteran’s attorney was done so explicitly, unambiguously, and with a full understanding of the consequences. 

In view of the expressed desire withdraw the appeal, further action with regard to these claims is not appropriate. There remain no allegations of errors of fact or law for appellate consideration as to those issues. The Board does not have jurisdiction to review this claim and it is dismissed.
  
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M.E. Lee, Associate Counsel