Citation Nr: A25035003
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 230419-339998
DATE: April 16, 2025

ORDER

The appeal as to the issue of entitlement to an initial rating greater than 20 percent disabling for lumbosacral strain prior to July 18, 2022, and greater than 40 percent disabling beginning that date, is dismissed.

The appeal as to the issue of entitlement to an initial rating greater than 20 percent disabling for left shoulder impingement syndrome is dismissed.

FINDING OF FACT

On February 24, 2025, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active military service in the United States Navy from October 1992 to January 2001.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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

In the present case, the Veteran has withdrawn this appeal. The Veteran submitted a statement that was first received by VA on February 24, 2025, which included his name, VA file number, and a statement indicating that he wished to withdraw all pending appeals based on being rated 100 percent permanent and totally disabled effective August 10, 2022. The Board is thus satisfied that this document meets the requirements for written withdrawal. See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). 

Hence, 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.

 

 

J. Kirby

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.B.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.