Citation Nr: 21023820
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 19-35 226
DATE: April 21, 2021

ORDER

Entitlement to service connection for right shoulder impingement syndrome is dismissed.

Entitlement to a rating greater than 50 percent for posttraumatic stress disorder (PTSD) prior to July 3, 2017, and greater than 70 percent since, is dismissed.

Entitlement to a rating greater that 40 percent for intervertebral disc syndrome (IVDS) prior to July 17, 2013, greater than 20 percent from July 18, 2013 to July 2, 2017, and greater than 40 percent since July 3, 2017 is dismissed

Evaluation to a compensable rating for scars associated with IVDS prior to July 3, 2017, and greater than 10 percent since, is dismissed.

FINDING OF FACT

On March 31, 2020, August 20, 2020, and September 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of the appeal for the claims to entitlement to service connection for right shoulder impingement syndrome and increased ratings for PTSD, IVDS, and scars associated with IVDS was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant or his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the Veteran, through his authorized representative, has withdrawn his claims to entitlement to service connection for right shoulder impingement syndrome and increased ratings for PTSD, IVDS, and scars associated with IVDS and, 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.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Mine, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.