Citation Nr: 22012346
Decision Date: 03/03/22	Archive Date: 03/03/22

DOCKET NO. 16-55 558
DATE: March 3, 2022

ORDER

Entitlement to an increased rating in excess of 10 percent for fracture of the third metacarpal of the right hand is dismissed.

FINDING OF FACT

By the submission dated January 4, 2022, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to an increased rating in excess of 10 percent for fracture of the third metacarpal of the right hand.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of an increased rating in excess of 10 percent for fracture of the third metacarpal of the right hand. 38 U.S.C.§ 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from October 1976 to March 1988.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Board previously remanded this issue in an April 2019 decision for further development. A July 2020 supplemental statement of the case addressing the matter was issued by the RO.

Withdrawal

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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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Id.

The Veteran withdrew his appeal for entitlement to an increased rating in excess of 10 percent for fracture of the third metacarpal of the right hand by a January 2022 statement in support of claim to the RO. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R.                 § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issues, the Board does not have jurisdiction over the issue, and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Adeyemi, 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.