Citation Nr: 18141367 Decision Date: 10/10/18 Archive Date: 10/10/18 DOCKET NO. 16-58 386 DATE: October 10, 2018 ORDER Service connection for cause of death is dismissed. Service connection for a right shoulder disorder is granted. FINDINGS OF FACT 1. During the June 2018 Board hearing, and prior to the promulgation of a decision in the appeal, the appellant’s representative requested a withdrawal of the appeal concerning service connection for cause of death. 2. Resolving reasonable doubt in the appellant’s favor, the Veteran’s right shoulder disorder was at least as likely as not related to an in-service injury. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal concerning service connection for cause of death by the appellant have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for entitlement to service connection for a right shoulder disorder have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1953 to May 1955. The Veteran passed away in November 2016. The appellant is his surviving spouse, and has been substituted in his right shoulder disorder claim, which was pending at the time of his death. These matters come before the Board of Veterans’ Appeals (Board) on appeal from March 2016 and January 2017 rating decisions issued by the Agency of Original Jurisdiction (AOJ). In June 2018, a Travel Board hearing was held before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900 (c). 38 U.S.C. § 7107 (a)(2). 1. Cause of Death 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. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, during the June 2018 Board hearing, the appellant’s representative stated that she wished to withdraw her appeal concerning service connection for cause of death. Therefore, as the appellant has withdrawn her appeal with respect to said issue, there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 2. Right Shoulder Disorder Prior to his passing, the Veteran filed a claim for service connection for a right shoulder disorder, stating that such was related to an in-service injury, and that he had experienced problems with his shoulder since service. In particular, the Veteran’s widow and son testified that he injured his shoulder in service while loading a truck of large canopy tents, and that he sought medical treatment for his right shoulder beginning in 1960, until 2007, and continued to have pain and limited mobility in his shoulder until his passing. The Board concludes that the Veteran had a current diagnosis of a right shoulder girdle disorder that was related to his in-service injury. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). Here, the Veteran’s service treatment records were destroyed in the 1973 fire. However, his May 1955 separation examination is of record, which shows that his shoulder was X-rayed and found to be within normal limits. A June 2018 letter from the Veteran’s private chiropractor states that the Veteran had been treated for a long history of a right shoulder disorder, diagnosed as shoulder girdle pain, and that such had resulted in functional impairment including loss of range of motion. He opined that the Veteran’s right shoulder disability was at least as likely as not related to his in-service injury, as competently and credibly reported by the Veteran, the appellant and their son. The rationale was that the Veteran’s right shoulder impairment was consistent with “chronic recurring pain conditions related to injuries which occurred years or decades prior to treatment.” Here, while the Veteran’s separation examination and shoulder X-ray were found to be within normal limits, the Board notes that the fact that an X-ray was ordered corroborates the Veteran’s reports of an in-service shoulder injury. Furthermore, the Board accepts as credible the December 2015 statement from the Veteran, which detailed medical care for his shoulder beginning in the 1960s and noted that many of his earlier treating clinicians were now deceased, and, additionally, that such records had been destroyed. Additionally, the Board finds the statements provided by the appellant and her son to be credible. Moreover, there is no contrary medical opinion of record to the June 2018 opinion, which the Board finds probative. Accordingly, as the evidence is in relative equipoise, and resolving any reasonable doubt in favor of the appellant, the Board finds that service connection for a right shoulder disorder is warranted. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A.Z., Counsel