Citation Nr: 18149446
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 13-26 658
DATE:	November 9, 2018
ORDER
The appeal for entitlement to an initial increased rating in excess of 20 percent for left shoulder strain is dismissed.
FINDING OF FACT
In October 2018, 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 Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from August 1971 to October 1993.
 
Entitlement to an initial increased rating in excess of 20 percent for left shoulder strain
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.204(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3).
In an October 2018 statement, the Veteran’s representative requested that all remaining appeals be withdrawn. The statement contained the name of the Veteran, the applicable VA file number, and a statement that the appeal for all issues is withdrawn. Accordingly, the Veteran’s withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1).
When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board finds that the Veteran’s appeal has been withdrawn. The Board does not have jurisdiction over the issue; therefore, the Veteran’s appeal is dismissed.
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Husain, Associate Counsel