Citation Nr: 1323510	
Decision Date: 07/24/13    Archive Date: 08/01/13

DOCKET NO.  09-39 807	)	DATE
	)
	)

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


THE ISSUE

Entitlement to an initial rating higher than 10 percent prior to February 21, 2012, and higher than 20 percent beginning February 21, 2012, for recurrent left shoulder (non-dominant) dislocation status post arthroscopic Bankart procedure with osteoarthritis.


REPRESENTATION

Appellant represented by:	Colorado Division of Veterans Affairs


ATTORNEY FOR THE BOARD

P. Childers, Counsel




INTRODUCTION

The Veteran served on active duty from October 2000 to October 2004. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2008 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).


FINDINGS OF FACT

1.  In a rating decision dated in May 2008, the RO granted service connection for recurrent left shoulder dislocation status post arthroscopic Bankart procedure with osteoarthritis (left shoulder disability), and assigned a 10 percent rating effective October 29, 2007.  The Veteran appealed the assigned rating.  

2.  In July 2012, the RO increased the rating to 20 percent effective February 21, 2012.

3.  In correspondence received by the Board in July 2013, prior to promulgation of a decision by the Board, the Veteran withdrew his appeal for an increased rating for his service-connected left shoulder disability.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal on the claim for an initial rating higher than 10 percent prior to February 21, 2012, and higher than 20 percent beginning February 21, 2012, for recurrent left shoulder (non-dominant) dislocation status post arthroscopic Bankart procedure with osteoarthritis 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 FINDINGS AND CONCLUSION

In a decision dated in May 2008, the RO granted service connection for recurrent left shoulder dislocation status post arthroscopic Bankart procedure with osteoarthritis, with a rating of 10 percent effective October 29, 2007.  The Veteran appealed the assigned rating.  

In July 2012 the RO increased the rating to 20 percent effective February 21, 2012.  In correspondence received by the Board in July 2013, the Veteran stated that he was satisfied with the assigned rating and was withdrawing his appeal.  

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  

The July 2013 correspondence from the Veteran (and his representative) clearly evinces the Veteran's intent to withdraw his appeal for an increased rating for his service-connected recurrent left shoulder disability.  Consequently, there remain no allegations of errors of fact or law for appellate consideration in this matter.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.  38 U.S.C.A. § 7105.


ORDER

The appeal for an initial rating higher than 10 percent prior to February 21, 2012, and higher than 20 percent beginning February 21, 2012, for recurrent left shoulder (non-dominant) dislocation status post arthroscopic Bankart procedure with osteoarthritis is, dismissed.

____________________________________________
MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs