Citation Nr: 18143909
Decision Date: 10/22/18	Archive Date: 10/22/18

DOCKET NO. 16-00 033
DATE:	October 22, 2018
ORDER
Entitlement to an effective date prior to September 9, 2014, for the assignment of a 40 percent rating for a right radius fracture, status post open reduction with external fixation (hereinafter referred to as a “right arm/wrist disability”) is dismissed.
Entitlement to an effective date prior to September 9, 2014, for the assignment of a 10 percent rating for a surgical scar of the right lower volar forearm is dismissed.
FINDING OF FACT
Prior to the promulgation of a decision in the appeal, at his October 2018 videoconference hearing, the Veteran expressed that he wished to withdraw the issues of an earlier effective date for the 40 percent rating for his right arm/wrist disability and for the 10 percent rating for his scar.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of appeal concerning the issue of an earlier effective date for the 40 percent rating for the right arm/wrist disability are met.  38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204.
2. The criteria for withdrawal of appeal concerning the issue of an earlier effective date for the 10 percent rating for the surgical scar are met.  38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from December 1993 to May 1999.
Withdrawal Per Veteran’s Request
Issues 1-2:  Entitlement to earlier effective dates for the 40 percent rating for a right arm/wrist disability and for the 10 percent rating for a surgical scar are dismissed.
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.
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At his October 2018 videoconference hearing, the Veteran expressed his desire to withdraw both claims for earlier effective dates.  When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed.  Consequently, dismissal of the pending appeals is the appropriate disposition.  38 U.S.C. § 7105(d).  Accordingly, further action by the Board concerning these claims is not warranted, and the appeal of the claims is dismissed.  Id.
 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jane R. Lee