Citation Nr: 21014392
Decision Date: 03/12/21	Archive Date: 03/12/21

DOCKET NO. 15-36 750
DATE: March 12, 2021

ORDER

Entitlement to a compensable disability rating for left second and third finger numbness (left finger disability) is dismissed.

FINDING OF FACT

In March 2020 and November 2020, the Department of Veterans Affairs (VA) received notification from the Veteran that he wished to withdraw his appeal as to the issue related to the rating assigned for his left finger disability.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an increased disability rating for left finger disability.  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 October 1979 to August 2002.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by a VA regional office.  In October 2019, the Board remanded the matter to the Agency of Original Jurisdiction for additional development and it has since returned for further appellate review.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 

In this case, in a March 2020 statement, the Veteran withdrew his appeal as to the issue of an increased disability rating for left finger disability.  In a November 2020 phone call, the Veteran reiterated his intent to withdraw his appeal as to that issue.  

As there remain no allegations of errors of fact or law for appellate consideration regarding the issue of an increased disability rating for left finger disability, the Board does not have jurisdiction over this issue, and it is dismissed.

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Mathew

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.