Citation Nr: 21004303 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 11-12 047A DATE: January 26, 2021 ORDER Entitlement to an initial disability rating in excess of 20 percent for right shoulder strain with degenerative arthritis (right shoulder disability) is dismissed. FINDING OF FACT On January 20, 2021, prior to the promulgation of a decision in the appeal, the Department of Veterans Affairs (VA) received explicit and unambiguous notification from the Veteran that he sought to withdraw his claim of entitlement to an initial disability rating in excess of 20 percent for right shoulder disability. CONCLUSION OF LAW The criteria for withdrawal of the claim of entitlement to an initial disability rating in excess of 20 percent for right shoulder disability by the Veteran 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 August 1968 to August 1970. The Veteran has been granted a 100 percent disability rating for his metastatic thyroid cancer, status post thyroidectomy and neck dissection, effective December 23, 2015. This matter come before the Board of Veterans’ Appeals (Board) on appeal from an August 2010 rating decision of the VA Regional Office (RO) in Huntington, West Virginia. An August 2017 Board decision denied the Veteran’s claim for a rating in excess of 20 percent for right shoulder disability and service connection for left shoulder disability. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). The parties submitted a Joint Motion for Remand (Joint Motion) and, in an August 2018 Court Order, the Court granted the Joint Motion, vacating the Board’s August 2017 decision and remanding the matter for compliance with the Joint Motion. In March 2019 and in August 2020, the Board remanded the claims for further development. During remand status, a November 2020 rating decision granted service connection for left shoulder strain with degenerative arthritis. As the RO granted in full the benefit sought by the Veteran in this matter, there is no remaining allegation of error of fact or law for appellate consideration. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board). The RO sent to the Veteran a November 2020 Supplemental Statement of the Case that addressed the remaining issue on appeal, entitlement to an initial disability rating in excess of 20 percent for right shoulder strain with degenerative arthritis (right shoulder disability). This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.800(c). 38 U.S.C. § 7107(b). Entitlement to an initial disability rating in excess of 20 percent for right shoulder disability is dismissed. 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. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 19.55(b)(3). In the present case, on January 20, 2021, VA received an Appeals Satisfaction Notice indicating that the Veteran sought to withdraw his remaining issue contained in the most recent supplemental statement of the case, which the record show was sent in November 2020 and addressing the above claim for increase for the right shoulder. See VCAA Notice Acknowledgement (January 2021). The withdrawal is in writing and contains the Veteran’s name, VA file number, and a statement indicating that the Veteran wished to withdraw his claim on appeal. 38 C.F.R. § 19.55(b)(1). Hence, there remains no allegations of errors of fact or law for appellate consideration. (Continued on the next page)   Accordingly, the Board does not have jurisdiction to review the appeal of this matter and it is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Griffey, 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.