Citation Nr: 20007804
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 14-20 335
DATE: January 30, 2020

ORDER

The appeal as to a rating in excess of 40 percent for right wrist disability is dismissed.

FINDING OF FACT

In a January 2020 correspondence, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw the issue currently on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of a rating in excess of 40 percent for right wrist disability 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 May 2000 to July 2000. The Veteran testified before the undersigned Veterans Law Judge during a December 2016 hearing. This matter is on appeal from a September 2012 rating decision and was remanded by the Board of Veterans’ Appeals (Board) in January 2018.

1. A rating in excess of 40 percent for right wrist disability

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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

In the present case, the Veteran submitted a written statement, received in January 2020, expressing his desire to withdraw his appeal as to the issue currently on appeal. As the Veteran has withdrawn his appeal as to this issue, there remains no allegation of errors of fact or law for appellate consideration.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 it is dismissed.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kelly A. Gastoukian

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.