Citation Nr: 18132378
Decision Date: 09/06/18	Archive Date: 09/06/18

DOCKET NO. 15-25 350
DATE:	September 6, 2018
ORDER
The appeal as to the claim of entitlement to an initial compensable rating for left hand third finger sprain is dismissed.
FINDING OF FACT
In an August 2018 written statement, prior to the promulgation of a decision in the appeal in the matter, the Veteran indicated that he wished to withdraw his appeal as to the claim of entitlement to an initial compensable rating for left hand third finger sprain; there is no question of fact or law in this matter remaining for the Board to consider.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal are met as to the issue of entitlement to an initial compensable rating for left hand third finger sprain; the Board has no further jurisdiction in this matter.  38 U.S.C. §§ 7104, 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from July 1966 to August 1972 and from January 1974 to May 1977.
The Veteran was scheduled to present testimony at a videoconference hearing before a Veterans Law Judge in August 2018, but he effectively withdrew his request for that hearing when he submitted his August 2018 correspondence withdrawing the sole issue on appeal.
The Veteran had also initiated an appeal of the denial of service connection for ischemic heart disease.  However, following a June 2015 statement of the case addressing this issue, the Veteran did not file a timely substantive appeal.  In fact, he excluded this issue from the current appeal on his July 2015 VA Form 9, and he reiterated in an October 2017 written statement that he did not want this issue to be a part of his appeal.  Consequently, this matter is not before the Board.
Entitlement to an initial compensable rating for left hand third finger sprain.
The Board has jurisdiction in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary.  38 U.S.C. § 7104.  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(b)(5).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by his authorized representative, and must be in writing or on the record at a hearing.  38 C.F.R. § 20.204.



In an August 2018 written statement, the Veteran indicated that he wished to withdraw his appeal as to the claim of entitlement to an initial compensable rating for left hand third finger sprain.  There remain no allegations of errors in fact or law for appellate consideration regarding this issue.  Accordingly, the Board does not have jurisdiction to consider an appeal in this matter, and the appeal in this matter must be dismissed.
 
M. SORISIO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. B. Yantz, Counsel 

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

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.