Citation Nr: 21027990
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 13-20 691
DATE: May 10, 2021

ORDER

Entitlement to service connection for posttraumatic stress disorder (PTSD) is withdrawn and dismissed. 

Entitlement to service connection for right carpal tunnel syndrome is withdrawn and dismissed.

Entitlement to a rating in excess of 20 percent from September 9, 2011, and in excess of 40 percent from September 24, 2020, for right shoulder strain is withdrawn and dismissed.

FINDING OF FACT

In April 2021, 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 this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1980 to May 1993. From July 10, 1988 to May 7, 1993, the Veteran's character of discharge is considered dishonorable for VA purposes and, as such, the Veteran is not entitled to benefits based on that period of service as a matter of law. This matter comes before the Board of Veterans' Appeals (Board) on appeal from June 2012 and April 2015 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy).  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205 (for AMA) § 19.55 (legacy). The Veteran submitted a written statement in April 2021, indicating his satisfaction with his recent rating of 100 percent and to withdraw all appeals at this time. As such, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Kim, Associate 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.