Citation Nr: 22014165
Decision Date: 03/11/22	Archive Date: 03/11/22

DOCKET NO. 17-53 077
DATE: March 11, 2022

ORDER

Entitlement to a rating in excess of 10 percent a right wrist disability is dismissed.

Entitlement to an initial evaluation in excess of 10 percent for a left wrist disability is dismissed.

Entitlement to a compensable evaluation for right wrist scar is dismissed.  

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, in August 2021, the Veteran contacted VA via telephone to indicate his desire to withdraw his pending appeals regarding entitlement to a rating in excess of 10 percent for a bilateral wrist disability, and entitlement to a compensable rating for a right wrist scar.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeals of entitlement to ratings in excess of 10 percent for a bilateral wrist disability, and entitlement to a compensable rating for a right wrist scar have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55(b). 

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.   

In the present case, the Veteran contacted VA via telephone in August 2021 and indicated his desire to withdraw the appeals of entitlement to ratings in excess of 10 percent for a bilateral wrist disability, and entitlement to a compensable rating for a right wrist scar.  This was documented by VA on a signed statement.  Therefore, there remain no allegations of errors of fact or law for appellate consideration regarding the above issue.  Accordingly, the Board does not have jurisdiction to review this claim, and it is dismissed. 

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ariasaif, Mary

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.