Citation Nr: 25003079
Decision Date: 03/04/25	Archive Date: 03/04/25

DOCKET NO. 08-12 225
DATE: March 4, 2025

ORDER

Entitlement to a rating in excess of 20 percent prior to October 24, 2019, for a left shoulder disability, is dismissed.

Entitlement to a rating greater than 40 percent beginning October 24, 2019, for a left shoulder disability, is dismissed.

FINDING OF FACT

On July 8, 2024, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1993 to February 1998.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2013 rating decision.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

In the present case, the Veteran submitted a written statement on July 8, 2024, requesting to withdraw his increased rating claims pertaining to his left shoulder.  As the Veteran has properly withdrawn his claims, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.