Citation Nr: 18147161
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 17-09 232
DATE:	November 2, 2018
ORDER
The appeal of entitlement to higher ratings for right shoulder strain, evaluated as noncompensably disabling prior to February 7, 2006; as 10 percent disabling from February 7, 2006 to November 5, 2015; as 20 percent disabling from November 6, 2015 to November 10, 2016, and as 30 percent disabling from January 1, 2018 is dismissed.
FINDING OF FACT
The Veteran withdrew the claims for entitlement to increased ratings for the right shoulder disability in correspondence dated in March 2018.  
CONCLUSION OF LAW
The criteria for withdrawal of the claims for entitlement to increased ratings for the right shoulder disability have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018).   
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from November 1972 to August 1976.  
This case comes before the Board of Veterans’ Appeals (Board) from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  
The Board notes that a 10 percent rating was continued for service-connected right shoulder strain in a March 2016 rating decision.  The Veteran disagreed with the denial of his claim and this appeal ensued.  In a July 2016 rating decision, a 20 percent rating was awarded for right shoulder strain effective November 6, 2015, the date he submitted a claim for an increased rating.  In a February 2017 rating decision, the rating assigned for the Veteran’s right shoulder disability was increased to 100 percent for a right shoulder arthroplasty effective November 11, 2016, and a 30 percent rating was assigned effective January 1, 2018.  As a 100 percent rating was assigned from November 11, 2016 to December 31, 2016, that period of time is not on appeal.   
Withdrawal of Appeal
(Continued on the next page)
 
The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2018).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In correspondence dated in March 2018, the Veteran, through his representative, notified the Board that he wished to withdraw the claims for increased ratings for the right shoulder on appeal.  
The withdrawal is in writing and has been associated with the claims file.  There remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review these claims, and they are therefore dismissed.
 
Thomas H. O'Shay
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Cryan, Counsel