Citation Nr: 21029293
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 14-26 526
DATE: May 13, 2021

ORDER

Entitlement to a rating in excess of 20 percent for left pectoralis muscle strain (non-dominant) is dismissed.

FINDING OF FACT

In a March 19, 2021 statement, 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 entitlement to a rating in excess of 20 percent for left pectoralis muscle strain (non-dominant) 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 from July 1986 to May 1990.

1. Entitlement to a rating in excess of 20 percent for left pectoralis muscle strain (non-dominant)

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. A substantive legacy appeal may be withdrawn in writing by an appellant or authorized representative at any time before the Board promulgates a decision and is effective upon receipt by the Board. 38 C.F.R. §§ 19.55(a), (b)(3). The Board received the Veteran's withdrawal of the present appeal as to this issue in March 2021, before the Board promulgated a decision, at which time it became effective and there remained no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the appeal as to this issue, and it is dismissed. 38 C.F.R. § 19.55.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.