Citation Nr: 20024924
Decision Date: 04/10/20	Archive Date: 04/10/20

DOCKET NO. 16-53 781A
DATE: April 10, 2020

ORDER

The claim of entitlement to a rating higher than 20 percent for service-connected left shoulder disability is dismissed.

FINDING OF FACT

During an October 2019 hearing, prior to the promulgation of a decision in the appeal, the Veteran requested that his claim for higher rating for service-connected left shoulder disability be withdrawn. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are 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 on active duty from May 2004 to October 2010.

This appeal to the Board of Veterans’ Appeals (Board) arose from a November 2013 rating decision in which the Department of Veterans Affairs (VA) Regional Office (RO) denied, inter alia, a rating higher than 10 percent for service-connected left shoulder disability, and service connection for post-traumatic stress disorder (PTSD). The Veteran filed a timely notice of disagreement (NOD) in December 2013. A statement of the case (SOC) was issued in September 2016 and the Veteran filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans’ Appeals) in November 2016. 

In April 2019, the RO granted service connection for PTSD, as well as assigned a higher, 20 percent rating for the Veteran’s service-connected left shoulder disability, effective March 1, 2013 (the date of filing of the claim for increase). In an April 2019 supplemental SOC (SSOC), the RO confirmed the 20 percent, but no higher, rating for the left shoulder disability.

In October 2019, the Veteran testified during a Board video-conference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the claims file.

As a final preliminary matter, the Board notes that while the Veteran has disagreed with the initial rating assigned following the award of service connection for PTSD, the RO has no yet issued a SOC on that issue. Thus, that issue is not properly before the Board at this time.

1. Dismissal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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.

During the October 2019 Board hearing, the Veteran conveyed his satisfaction with RO’s award of a higher, 20 percent rating for his service-connected left shoulder disability and expressed his desire to withdraw from appeal the claim for higher rating.  The Veteran’s desire to withdraw his appeal as to that claim is recorded in the hearing transcript. As this is the Veteran’s only remaining claim on appeal, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this claim, and it must be dismissed. 

 

 

JACQUELINE E. MONROE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Kovacs, 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.