Citation Nr: 20021246
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 19-30 886
DATE: March 25, 2020

ORDER

The appeal for a compensable rating for hypertension is withdrawn.

The appeal for service connection for hyperlipidemia is withdrawn.

The appeal for an effective date prior to January 14, 2016, for the grant of service connection for hypertension is withdrawn.

REMANDED

Entitlement to service connection for a right shoulder disorder. 

FINDINGS OF FACT

1. The Veteran had active service from January to May 1987 and October 2007 to June 2009 and National Guard service from December 2003 to November 2004 and June 2009 to October 2010.

2. In February 2020, prior to promulgation of a decision on the appeal, the Veteran indicated his intent to withdraw the claims of entitlement to a compensable rating for hypertension, service connection for hyperlipidemia, and an earlier effective date for the grant of service connection for hypertension.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim of entitlement to a compensable rating for hypertension have been met. 38 U.S.C. §§ 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2019).

2. The criteria for withdrawal of the claim of service connection for hyperlipidemia have been met. 38 U.S.C. §§ 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2019).

3. The criteria for withdrawal of the claim of entitlement to an earlier effective date for the grant of service connection for hypertension have been met. 38 U.S.C. §§ 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

In a February 2020 statement, the Veteran indicated his intent to withdraw the claims for entitlement to a compensable rating for hypertension, service connection for hyperlipidemia, and an earlier effective date for the grant of service connection for hypertension. No further correspondence was received from him asserting that he did not understand the consequences of the withdraw. Based on the above, he expressed his intent to withdraw the claims in February 2020. As such, the claims are withdrawn.

REASONS FOR REMAND

The Veteran was diagnosed with right shoulder degenerative joint disease in 2015. In a February 2020 statement, he reported injuring the right shoulder in service while lifting and transporting equipment.

Service treatment records reflect that in June 2015, while in the Reserve, the Veteran injured the right shoulder and was diagnosed with a tear in the right rotator cuff; however, he has not received an examination to determine the etiology of this disorder. Therefore, an examination is needed.

The matter is REMANDED for the following actions:

1. Obtain VA clinical records that are not already of record.

2. Schedule the Veteran for an examination to determine the nature and etiology of a right shoulder disorder. The claims file must be made available for review.

In particular, the examiner is asked to render an opinion as to the following:

•	Is it at least as likely as not (50 percent or greater probability) that a right shoulder disorder began in service?

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Ragofsky, Attorney Advisor 

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.