Citation Nr: 20003544
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 17-31 510
DATE: January 16, 2020

ORDER

The appeal of the reduction of the 40 percent rating to 10 percent for the service-connected residuals of closed fracture, left radius and ulna, healed with malunion, left radius (residuals of left radius and ulna fracture), having been withdrawn, is dismissed.

FINDING OF FACT

In a January 2020 written statement, before a Board decision was issued, the Veteran withdrew the appeal of the reduction of the 40 percent rating to 10 percent for service-connected residuals of left radius and ulna fracture.

CONCLUSION OF LAW

The criteria for the withdrawal of the appeal of the reduction of the 40 percent rating to 10 percent for the service-connected residuals of left radius and ulna fracture have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who is the Appellant, served on active duty from June 1971 to April 1974.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision from the Regional Office (RO), which reduced the Veteran's disability rating from 40 to 10 percent, effective September 1, 2015.

Reduction of the Rating for Residuals of Left Radius and Ulna Fracture

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Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn in writing or on record at a hearing at any time before the Board promulgates a decision.  Withdrawal may be made by a veteran or by his or her authorized representative.  38 C.F.R. § 20.204.

In a in a statement dated January 10, 2020, prior to the promulgation of a decision by the Board, the representative indicated that the Veteran was withdrawing the appeal of the reduction of the rating for the service-connected residuals of left radius and ulna fracture.  The representative specifically wrote “[t]he claimant is withdrawing his appeal,” which was scheduled for a hearing on January 10, 2010.  As such, there remains no allegation of errors of fact or law for appellate consideration regarding the issues of the reduction of the rating for the service-connected residuals of left radius and ulna fracture.  Accordingly, given this action, the Board does not have jurisdiction to review the appeal further with respect to this issue, and it will be dismissed.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Moore

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.