Citation Nr: 21005856 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 15-06 918 DATE: February 2, 2021 ORDER The appeal with respect to entitlement to a rating in excess of 20 percent for residuals of an anterior cruciate ligament (ACL) tear of the right shoulder prior to April 21, 2016 is dismissed. The appeal with respect to entitlement to a rating in excess of 40 percent for right shoulder rotator cuff tear with degenerative arthritis and muscle atrophy from April 21, 2016 is dismissed. FINDING OF FACT In July 2020, prior to the promulgation of an appellate decision, the Veteran submitted correspondence wherein he indicated that he wished to withdraw the present appeal. CONCLUSION OF LAW The criteria for withdrawal of the appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from January 1991 to January 1995 and in the United States Army from April 1995 to May 2003. His decorations include the National Defense Service Medal and the Southwest Asia Service Medal. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The RO denied a rating in excess of 10 percent for residuals of an ACL tear of the right shoulder. In June 2017, while the appeal was pending, the RO increased the rating for the right shoulder to 20 percent, effective April 21, 2016. This case was previously before the Board in October 2018, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. In June 2020, after taking further action, the AOJ made the prior 20 percent award effective from February 5, 2012. The AOJ also recharacterized the Veteran’s right shoulder disability as right shoulder rotator cuff tear with degenerative arthritis and muscle atrophy and assigned a 40 percent rating therefor, effective April 21, 2016. Dismissal 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. One of the principal functions of the Board is to make determinations of appellate jurisdiction. 38 C.F.R. § 20.103. The Board may address questions pertaining to its jurisdictional authority to review a particular case. 38 C.F.R. § 20.104(d). Pursuant to 38 C.F.R. § 19.55, an appellant or his authorized representative may withdraw an appeal. 38 C.F.R. § 19.55(a). The withdrawal must include the name of the veteran, the VA claims file number, and a statement that the appeal is withdrawn. See 38 C.F.R. § 19.55(b)(1). If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issues withdrawn from the appeal. Id. In July 2020, after the appeal was transferred to the Board, and prior to the promulgation of an appellate decision, the Veteran submitted correspondence wherein he indicated that he wished to withdraw the present appeal. The correspondence included his name and VA file number, specified that the appeal was being withdrawn in its entirety, and asked that the appeal be dismissed. The submission also included a statement from the Veteran stating that he wished to withdraw all remaining issues. As the criteria for a withdrawal of these issues have been satisfied, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph T. Leonard, 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.