Citation Nr: 21028850
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 15-01 447
DATE: May 12, 2021

ORDER

The appeal concerning entitlement to a rating in excess of 20 percent for right shoulder recurrent dislocations, status post-surgery, prior to April 16, 2019, and a rating in excess of 40 percent, thereafter, is dismissed.

The appeal concerning entitlement to a rating in excess of 10 percent for chronic cervical strain (claimed as neck pain) prior to April 16, 2019, and in excess of 20 percent, thereafter, is dismissed.

FINDING OF FACT

On April 8, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, though his authorized representative, have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1986 to January 1990.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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. § 20.204.  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.