Citation Nr: 21001458
Decision Date: 01/08/21	Archive Date: 01/08/21

DOCKET NO. 15-19 795
DATE: January 8, 2021

ORDER

Entitlement to service connection for a right shoulder disability, to include as secondary to a service-connected neck disability, is dismissed.

FINDING OF FACT

On September 17, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 2003 to July 2004, and again from October 2007 to July 2010.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of a Department of Veterans Affairs Regional Office.

The Veteran testified at a videoconference hearing in June 2018, and the Board remanded the claim in October 2018 for further development.

Pursuant to the Remand, the agency of original jurisdiction obtained St. Louis VA Medical Center treatment records and a VA medical opinion.  Thereafter, a supplemental statement of the case was issued in July 2020 before the matters were returned to the Board.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  

In September 2020, the Veteran submitted a signed statement, withdrawing the issue of service connection for her right shoulder disability.  As such, the appeal is withdrawn, and there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Gipson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.