Citation Nr: 1322197	
Decision Date: 07/11/13    Archive Date: 07/18/13

DOCKET NO.  04-29 161	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in St. Petersburg, Florida


THE ISSUES

1.  Entitlement to an increased disability evaluation for a right shoulder gunshot wound with residual injury to muscle group III and IV (right shoulder disability), rated 20 percent disabling.

2.  Entitlement to an increased disability evaluation for a left shoulder gunshot wound with residual injury to muscle group III and IV (left shoulder disability), rated 30 percent disabling.


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


ATTORNEY FOR THE BOARD

Terrence T. Griffin, Counsel


INTRODUCTION

The Veteran had active service from January 1968 to December 1969, to include combat service in the Republic of Vietnam, and his decorations include the Purple Heart Medal with Oak Leaf Cluster, the Bronze Star with "V" Device and the Combat Infantryman Badge.  He died in September 2010 and the appellant is the Veteran's surviving spouse.  As the present matters were pending at the time of his death, the appellant, pursuant to 38 U.S.C.A. § 5121A (West 2008), has been substituted as the claimant for the purposes of processing the claim to completion.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2002 rating decision of the Department of Veterans Affairs (VA), Regional Office (RO), in St. Petersburg, Florida.

This matter was previously remanded in March 2006, August 2007 and July 2009.  


FINDINGS OF FACT

1.  The Veteran in served on active duty from January 4, 1968, to December 19, 1969.

2.  On June 7, 2013, prior to the promulgation of a decision in the appeals seeking increased rating for right and left shoulder disabilities, the Board received notification from the appellant, through her authorized representative, that a withdrawal of the appeals is requested.


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal seeking an increased rating for a right shoulder disability have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of the appeal seeking an increased rating for a left shoulder disability have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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.A. § 7105 (West 2002).  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 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

In the present case, the appellant, through her authorized representative, has withdrawn the appeals seeking increased rating for right and left shoulder disabilities.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration and the Board does not have jurisdiction to review the appeals.  Dismissal of the increased rating claims is warranted.  


ORDER

The appeal seeking an increased disability evaluation for a right shoulder disability is dismissed.

The appeal seeking an increased disability evaluation for a left shoulder disability is dismissed.



		
STEVEN D. REISS 
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs