Citation Nr: 1322847	
Decision Date: 07/17/13    Archive Date: 07/24/13

DOCKET NO.  11-29 962	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUES

1.  Entitlement to service connection for a left shoulder disorder, to include degenerative joint disease.  

2.  Entitlement to service connection for a cervical spine disorder, to include arthritis of the neck. 

3.  Entitlement to service connection for a right hip disorder, to include arthritis. 

4.  Entitlement to service connection for a right knee disorder.  


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States




WITNESSES AT HEARING ON APPEAL

The Veteran and his spouse


ATTORNEY FOR THE BOARD

E. Woodward Deutsch, Counsel


INTRODUCTION

The Veteran had active service from June 1960 to June 1953, including recognized combat service during the Korean Conflict.  His awards and decorations include the Purple Heart. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado.  

The Veteran testified before the undersigned Acting Veterans Law Judge in a hearing that was held via videoconference from the RO in May 2012.  A transcript (Tr.) of the hearing has been associated with the claims file.  

In July 2012, the Board remanded the case for additional evidentiary development.  After that development was completed, the RO issued a May 2013 rating decision granting the Veteran's claims for service connection low back and left knee disorders.  The Veteran has not contested the effective dates of service connection or the disability ratings assigned for those disorders.  Nor has he otherwise expressed disagreement with the May 2013 rating decision.  Accordingly, the Board considers the Veteran's low back and left knee claims to be fully resolved and, thus, outside the scope of its appellate jurisdiction.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (holding that where an appealed claim for service connection is granted during the pendency of the appeal, a second Notice of Disagreement must thereafter be timely filed to initiate appellate review of the claim concerning 'downstream' issues, such as the compensation level assigned for the disability and the effective date); see also 38 C.F.R. § 20.200 (2012).  Conversely, the Board has assumed jurisdiction over the Veteran's remaining service-connection claims for the limited purpose of honoring his request to withdraw those issues. 

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).


FINDING OF FACT

After the Veteran perfected his appeal with respect to the claims for service connection for left shoulder, cervical spine, right hip, and right knee disorders, he submitted a May 2013 written request to withdraw the appeal as to those issues.  


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran as to the issues of service connection for left shoulder, cervical spine, right hip, and right knee disorders have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

An appeal may be withdrawn as to any or all of the perfected claims 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 the authorized representative.  38 C.F.R. § 20.204 (2012).

In this case, the Veteran submitted a November 2011 substantive appeal as to the issues of entitlement to service connection for left shoulder, cervical spine, right hip, and right knee disorders, as set forth in an October 2011 statement of the case.  The Board subsequently remanded those claims for additional evidentiary development.  The record thereafter shows that such development was completed and the claims were reajudicated in a May 2013 supplemental statement of the case (SSOC).  Significantly, after receiving a copy of that SSOC, the Veteran indicated that he wished to withdraw his appeal as to all four remaining issues.  See Appeals Satisfaction Notice dated May 23, 2013.

In light of the foregoing, the Board finds that the Veteran has withdrawn his appeal of the above-captioned claims.  Accordingly, the Board lacks jurisdiction to review the merits of those claims and, having not yet done so, dismisses them herein.


ORDER

The appeal for service connection for a left shoulder disorder, to include degenerative joint disease, is dismissed.  

The appeal for service connection for a cervical spine disorder, to include arthritis of the neck, is dismissed.

The appeal for service connection for a right hip disorder, to include arthritis, is dismissed. 

The appeal for service connection for a right knee disorder is dismissed.  



____________________________________________
S.C. KREMBS
Acting Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs