Citation Nr: 20021377
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 17-57 483
DATE: March 25, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In correspondence received in January 2020 and February 2020, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, withdrew his appeal as to all issues.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his representative, 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 June 1989 to June 1992 and from October 1998 to April 2015.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in February 2016 by a Regional Office (RO) of the Department of Veterans Affairs (VA). 

1. Entitlement to an initial rating in excess of 20 percent for left shoulder impingement syndrome with bicipital tendonitis, rotator cuff tear, and acromioclavicular joint osteoarthritis.

2. Entitlement to an initial compensable rating for cholecystectomy.

3. Entitlement to an initial compensable rating for plantar fasciitis of the right foot.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  Id.  In the present case, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, withdrew his appeal as to all issues in correspondence received in January 2020 and February 2020. Hence, 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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Northcutt, Counsel

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.