Citation Nr: 18145428
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 08-00 729
DATE:	October 29, 2018
ORDER
The appeal of entitlement to a higher disability rating for degenerative arthritis of the right shoulder, currently rated as 30 percent disabling prior to September 30, 2014 and 50 percent thereafter is dismissed.
FINDING OF FACT
The Veteran submitted a statement in September 2018 indicating that he wished to withdraw his appeal following the issuance of an August 2018 rating decision; the Veteran’s representative submitted a motion to withdraw the appeal in October 2018 indicating that the Veteran was satisfied with the August 2018 determination and wished to withdraw from appeal all remaining issues under the above-listed docket number.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal seeking a higher disability rating for degenerative arthritis of the right shoulder have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from March 1972 to April 1976 and from May 1976 to June 1993.
In June 2010, the Veteran presented testimony at a Travel Board hearing held before the undersigned Veterans Law Judge.  The Board remanded the case for further development in November 2010, July 2014, October 2015, and July 2017.  
In an August 2018 decision, the Agency of Original Jurisdiction granted the Veteran’s appeal seeking entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU).  The appeal concerning entitlement to a TDIU was therefore resolved while the appeal was in post-remand status. 
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn on the record at a hearing, or otherwise in writing, at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 authorized representative.  
The Veteran submitted a statement in September 2018 indicating that he wished to withdraw his appeal, based on the outcome of a decision from August 2018.  In October 2018, the Veteran’s representative submitted a motion to withdraw the appeal, indicating that the Veteran was satisfied with the August 2018 determination granting a TDIU and dependent’s education allowance, and wished to withdraw from appeal all remaining issues under the docket number listed above.  The motion to withdraw the appeal is signed by the Veteran’s representative, includes the Veteran’s VA claim number, and was received prior to the promulgation of a decision by the Board.  It thus meets the substantive requirements for withdrawal of an appeal.  As a result, no allegation of error of fact 
 
or law remains before the Board for consideration with regard to this particular issue on appeal; and the appeal should be dismissed.
 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Solomon, Counsel