Citation Nr: 21001078
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 14-32 279
DATE: January 7, 2021

ORDER

Entitlement to an increased rating for left shoulder post-operative residuals acromioclavicular separation (left shoulder disability), currently rated 20 percent, is dismissed.

FINDING OF FACT

In December 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issue of entitlement to an increased rating for left shoulder disability, currently rated 20 percent.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met.  38 U.S.C. § 7105 (b)(2), (d); 38 C.F.R. §§ 19.55, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1976 to August 1997 with service in Southwest Asia.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which, inter alia, continued its evaluation for left shoulder disability as 20 percent disabling.

In October 2011, the Veteran filed his notice of disagreement with, among other things, the 20 percent evaluation for left shoulder disability, was issued a statement of the case in August 2014, and in September 2014 perfected his appeal to the Board.

In June 2018, the Board remanded the Veteran’s claims for, among one other thing, initial RO consideration of VA treatment records.

In April 2020, the Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge.  A copy of the transcript is of record.

In June 2020, the Board remanded the claim for an increased rating for left shoulder disability.

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative in writing, or on the record at a hearing on appeal.  Id.

In the present case, the Veteran’s attorney submitted a Statement of Accredited Representative in December 2020 indicating that the Veteran wished to withdraw the pending appeal regarding his left shoulder disability.  The signed statement constitutes a valid withdrawal of the Veteran’s appeal as it complied with the requirements of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the Veteran wished to withdraw the issue associated with his appeal.  See Hembree v. Wilkie, __ Vet. App. __, No. 18-3865 (Aug. 31, 2020) (holding that written withdrawals need only comply with 38 C.F.R. § 19.55(a), formerly 38 C.F.R. § 20.204).

As the Veteran has withdrawn the appeal as to the claim, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the claim on appeal, and the appeal is dismissed. 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Maddox, 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.