Citation Nr: 19102016 Decision Date: 01/09/19 Archive Date: 01/08/19 DOCKET NO. 16-37 591 DATE: January 9, 2019 ORDER Entitlement to an initial rating in excess of 40 percent for pill-rolling tremors of the left hand is denied. Entitlement to an initial rating in excess of 50 percent for pill-rolling tremors of the right hand is denied. FINDINGS OF FACT 1. Prior to the promulgation of a final decision by the Board, the Veteran indicated that he wished to withdraw his pending appeal for an increased initial rating for pill-rolling tremors of the left hand. 2. Prior to the promulgation of a final decision by the Board, the Veteran indicated that he wished to withdraw his pending appeal for an increased initial rating for pill-rolling tremors of the right hand. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a Substantive Appeal on the issue of an initial rating in excess of 40 percent for pill-rolling tremors of the left hand by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for withdrawal of a Substantive Appeal on the issue of an initial rating in excess of 50 percent for pill-rolling tremors of the right hand by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from April 1971 to June 1972. Increased Rating 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 A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. An appeal may be withdrawn on the record at a hearing, and the withdrawal is effective immediately upon receipt by VA. 38 C.F.R. § 20.204(b)(1), (3). Withdrawal may be made by the veteran or by his or her authorized representative. 38 C.F.R. § 20.204. 1. Entitlement to an initial rating in excess of 40 percent for pill-rolling tremors of the left hand The Veteran perfected an appeal of the July 2013 rating decision assigning an initial 40 percent rating for pill-rolling tremors of the left hand. In November 2018, the Veteran’s representative submitted a letter indicating that the Veteran wished to withdraw his pending appeals. This was accompanied by a letter from the Veteran, stating his name and claims file number and directing his representative to withdraw his appeal. The Board finds that the Veteran’s withdrawal met the criteria established by 38 C.F.R. § 20.204, as it included the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn. See 38 C.F.R. § 20.204(b)(1). Given the above circumstances, the Board finds that the Veteran’s withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Given that this withdrawal was effective upon receipt by VA, the Board finds that the Veteran has withdrawn his appeal and there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the left hand claim is dismissed. 2. Entitlement to an initial rating in excess of 50 percent for pill-rolling tremors of the right hand The Veteran perfected an appeal of the July 2013 rating decision assigning an initial 50 percent rating for pill-rolling tremors of the right hand. In November 2018, the Veteran’s representative submitted a letter indicating that the Veteran wished to withdraw his pending appeals. This was accompanied by a letter from the Veteran, stating his name and claims file number and directing his representative to withdraw his appeal. The Board finds that the Veteran’s withdrawal met the criteria established by 38 C.F.R. § 20.204, as it included the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn. See 38 C.F.R. § 20.204(b)(1). Given the above circumstances, the Board finds that the Veteran’s withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action. See DeLisio, supra. Given that this withdrawal was effective upon receipt by VA, the Board finds that the Veteran has withdrawn his appeal and there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the right-hand claim is dismissed. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Moore, Counsel