Citation Nr: 20003088
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 16-50 929
DATE: January 14, 2020

ORDER

The claim for a disability rating in excess of 30 percent for the service-connected right carpal tunnel syndrome is dismissed.

The claim for a disability rating in excess of 20 percent for the service-connected left carpal tunnel syndrome is dismissed.

FINDING OF FACT

In December 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that he requested complete withdrawal of all issues in appeal status.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1984 to November 1988.

This case is before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  In that decision, the RO denied confirmed and continued the previously assigned 30 percent rating and 20 percent rating assigned for the service-connected right and left carpal tunnel syndrome, respectively.  The Veteran appealed for higher ratings.  

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. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In the present case, the Veteran, through his authorized representative, submitted a written statement in December 2019 that he wished to withdraw his appeal for right and left arm synovitis.  The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action.  See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45 (2011).

Therefore, he has withdrawn this appeal and there remain no allegations of errors of fact or law for appellate consideration.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. 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Small, Law Clerk

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.