Citation Nr: 19160661
Decision Date: 08/06/19	Archive Date: 08/05/19

DOCKET NO. 1901531
DATE: 	August 6, 2019

ORDER

The appeal seeking service connection for degenerative arthritis of the right shoulder is dismissed.

The appeal seeking service connection for patellofemoral pain syndrome of the left knee is dismissed.

FINDING OF FACT

In March 2019, prior to the promulgation of a decision with respect to this appeal, the Appellant withdrew his claim seeking service connection for his right shoulder disability and left knee disability. 

CONCLUSION OF LAW

The criteria for the withdrawal of the issues for entitlement to service connection for right shoulder disability and left knee disability have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from July 1982 through February 1984. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision regarding issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

Entitlement to service connection a right shoulder disability and a left knee disability are dismissed.

The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary. 38 U.S.C. § 7104. 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An appeal may be withdrawn by the appellant or by his or her authorized representative, in writing or on the record at a hearing, at any time before the Board promulgates a decision in the matter. 38 C.F.R. § 20.204. A withdrawal of an appeal is effective when received. 38 C.F.R. § 20.204(b)(3).

In an August 2016 rating decision, the Veteran was denied entitlement to service connection for anxiety, depression, left heel disability, degenerative arthritis of the right shoulder, and left knee disability.  The Veteran’s representative requested the claims for anxiety and depression be recharacterized as PTSD with major depressive disorder.  This was completed by the RO and the claim was recharacterized as PTSD with major depressive disorder.  On February 20, 2019, a rating decision was issued granting service connection for PTSD and the Veteran’s left heel disability.  The Veteran’s appeal was certified to the Board on February 20, 2019 as well.  

Accordingly, the Veteran’s appeal as to PTSD and left heel disability has been rendered moot, as the benefits sought on appeal have been fully granted. Baughman v. Derwinski, 1 Vet. App. 563, 566 (1991).  As the Veteran did not appeal the disability ratings or effective dates assigned for these disabilities, they are not the subject of an active appeal.

In March 2019, through his representative, the Veteran filed a withdrawal of his remaining appellate issues seeking service connection for a right shoulder disability and a left knee disability. This withdrawal was requested prior to the promulgation of a Board decision on the matters of entitlement to service connection for these issues, such that there are no allegations of error of fact or law remaining for appellate consideration. Thus, the Board does not have jurisdiction to further consider these appeals and they are hereby dismissed.

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Mouzakis, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.