Citation Nr: 21040235
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 17-04 756A
DATE: July 2, 2021

ORDER

The appeal seeking a compensable rating for left middle finger shrapnel, third finger injury is dismissed.

FINDING OF FACT

In a February 2020 statement in support of claim, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, indicated that he wished to withdraw his pending appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal seeking a compensable rating for left middle finger shrapnel, third finger injury are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1968 to June 1970.

Dismissal

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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205 (2019).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.

Here, in a February 2020 statement in support of claim, the Veteran indicated that he would like to withdraw his pending appeal immediately, as he is satisfied with his current combined rating.  The Board concludes that with regard to the issue on appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review this issue and the appeal is dismissed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.