Citation Nr: 20011237
Decision Date: 02/11/20	Archive Date: 02/11/20

DOCKET NO. 15-29 650
DATE: February 11, 2020

ORDER

The appeal concerning the issue of entitlement to a rating in excess of 10 percent for scapula scar is dismissed. 

FINDING OF FACT

In a May 2019 statement, the Veteran explicitly, unambiguously, and with a full understanding of the consequences of such action withdrew his appeal as to the issue of entitlement to an increased rating for scapula scar. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal are 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 in the United States Army from October 1983 to June 1998.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In a September 2018 statement, the Veteran withdrew his pending Board hearing request.  38 C.F.R. § 20.704(e).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

In May 2019, the Veteran submitted a written statement specifically expressing his wish to withdraw his appeal as to the increased rating claim for scapula scar.  See May 2019 VA Form 21-4138, Statement in Support of Claim.  Accordingly, as there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.S. Mahoney

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.