Citation Nr: 21002659 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 14-24 928A DATE: January 14, 2021 ORDER Entitlement to a compensable rating prior to July 26, 2019 and in excess of 20 percent thereafter for right shoulder strain is dismissed. Entitlement to a rating in excess of 20 percent for status post left shoulder bone spurs status post rotator cuff repair from March 13, 2017 to April 4, 2019 and from August 1, 2019 is dismissed. Entitlement to an effective date prior to December 2, 2014 for 20 percent evaluation for status post left shoulder bone spurs is dismissed. Entitlement to a compensable rating for residual scar from left shoulder bone spurs is dismissed. FINDINGS OF FACT 1. In November 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal for entitlement to a compensable rating prior to July 26, 2019 and in excess of 20 percent thereafter for right shoulder strain was requested. 2. In November 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal for entitlement to a rating in excess of 20 percent for status post left shoulder bone spurs status post rotator cuff repair from March 13, 2017 to April 4, 2019 and from August 1, 2019, was requested. 3. In November 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal for entitlement to an effective date prior to December 2, 2014 for 20 percent evaluation for status post left shoulder bone spurs, was requested. 4. In November 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal for entitlement to a compensable rating for residual scar from left shoulder bone spurs, was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to a compensable rating prior to July 26, 2019 and in excess of 20 percent thereafter for right shoulder strain by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to a rating in excess of 20 percent for status post left shoulder bone spurs status post rotator cuff repair from March 13, 2017 to April 4, 2019 and from August 1, 2019, by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of entitlement to an effective date prior to December 2, 2014 for 20 percent evaluation for status post left shoulder bone spurs by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of entitlement to a compensable rating for residual scar from left shoulder bone spurs by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from March 1984 to March 1994, April 2002 to May 2002, and from October 2007 to March 2008. The claimant or the claimant’s representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 19.55. Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 19.55 (b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 19.55 (b)(3). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement and, if filed, the substantive appeal. 38 C.F.R. § 19.55 (c). In the present case, in a November 2020 VA Form 21-4138 Statement in Support of Claim, the Veteran has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Having met the requirements of 38 C.F.R. § 19.55, the Veteran has withdrawn his substantive appeal with respect to the above referenced issues. Accordingly, the Board does not have jurisdiction to decide the appeal for these benefits and the appeal as to these issues is dismissed. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Scanlan, 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.