Citation Nr: 18131231
Decision Date: 08/31/18	Archive Date: 08/31/18

DOCKET NO. 15-21 833
DATE:	August 31, 2018
ORDER
The appeal seeking an initial rating in excess of 20 percent for degenerative joint disease of the right shoulder is dismissed.
The appeal seeking an initial rating in excess of 10 percent for insomnia prior to January 30, 2018, is dismissed.
The appeal seeking an initial rating in excess of 30 percent for anxiety disorder (previously characterized as insomnia) from January 30, 2018, is dismissed.
FINDING OF FACT
In correspondence dated and received by the Board in July 2018, prior to the promulgation of a decision in the appeal, the Veteran and his representative stated that the Veteran wished to withdraw the appeal seeking an increased rating for his degenerative joint disease of the right shoulder, insomnia, and anxiety disorder.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of a Substantive Appeal by the Veteran are met; the Board has no further jurisdiction in the matter of entitlement to an increased initial rating for degenerative joint disease of the right shoulder.  38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.101, 20.202, 20.204.  
2. The criteria for withdrawal of a Substantive Appeal by the Veteran are met; the Board has no further jurisdiction in the matter of entitlement to an increased initial rating for insomnia prior to January 30, 2018.  38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.101, 20.202, 20.204.
3. The criteria for withdrawal of a Substantive Appeal by the Veteran are met; the Board has no further jurisdiction in the matter of entitlement to an increased initial rating for an anxiety disorder from January 30, 2018.  38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.101, 20.202, 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran, who is the appellant, served on active duty for over 20 years until his retirement in September 2012.  
Increased Ratings
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  Except for appeals withdrawn on the record at a hearing, a Substantive Appeal may be withdrawn in writing (or at a hearing, on the record) at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  
In correspondence dated and received by VA in July 2018, the Veteran and his representative indicated that the Veteran wished to withdraw the appeals seeking increased initial ratings for an anxiety disorder, a right shoulder disorder, and insomnia.  Hence, there are no allegations of error of fact or law for appellate consideration on this claim.  Accordingly, the Board does not have jurisdiction to consider the appeal in these matters, and they are dismissed.
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Joseph P. Gervasio 

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

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