Citation Nr: 21071824 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 11-08 667 DATE: December 1, 2021 ORDER The appeal as to whether the Veteran's reserve service for the period from September 2, 1993 to March 31, 2002 was honorable for Department of Veterans Affairs (VA) purposes is dismissed. REMANDED Entitlement to service connection for a recurrent right shoulder disorder is remanded. Entitlement to service connection for a recurrent left shoulder disorder is remanded. FINDING OF FACT In an October 2021 written statement, the Veteran's attorney expressly withdrew the appeal as to whether the Veteran's reserve service for the period from September 2, 1993 to March 31, 2002 was honorable for VA purposes. CONCLUSION OF LAW The criteria for withdrawal of the appeal as to whether the Veteran's reserve service for the period from September 2, 1993 to March 31, 2002 was honorable for VA purposes have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had honorable active service from August 1985 to July 1991 and from January1995 to October 1995. He had additional duty under other than honorable conditions. Withdrawal In an October 2021 written statement, the Veteran's attorney expressly withdrew the appeal as to whether the Veteran's reserve service for the period from September 2, 1993 to March 31, 2002 was honorable for VA purposes. A veteran or the accredited representative may withdraw a substantive appeal in writing at any time prior to the Board's promulgation of a decision. 38 C.F.R. § 19.55. The Board of Veterans' Appeals (Board) finds that the Veteran's attorney has effectively withdrawn the Veteran's appeal as to whether the Veteran's reserve service for the period from September 3, 1993 to March 2002 was honorable for VA purposes. Therefore, the Board concludes that no allegation of fact or law remains as to that issue and the appeal must be dismissed. 38 U.S.C. § 7105. REASONS FOR REMAND Entitlement to service connection for both a recurrent right shoulder disability and a recurrent left shoulder disorder is remanded. In its June 2021 Remand instructions, the Board requested that a shoulder evaluation be obtained from "an appropriate VA physician who has not provided a prior opinion in this case." The reports of September 2021 shoulder and scar examinations conducted for the Department of Veterans Affairs (VA) have been incorporated into the record. The examinations were conducted by a physician assistant rather than the requested physician. The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Schedule the Veteran for a VA shoulder examination conducted by an appropriate VA physician, who has not previously evaluated the Veteran, to assist in determining the nature and etiology of any identified recurrent right shoulder and left shoulder disabilities and any relationship to active service. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a) Diagnose all shoulder disabilities found. (b) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified recurrent shoulder disability had its onset during active service or is related to any incident of active service, including the Veteran's subjective history of having sustained injuries as a result of a training exercise in approximately 1987, an adverse reaction to non steroidal pain relief medication, and overuse injuries during active service. (c) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified recurrent shoulder disability is due to or the result of the lumbar spine degenerative disc disease with laminectomy residuals and the other service connected disabilities. (d) Opine whether it at least as likely as not (50 percent probability or greater) that any identified recurrent shoulder disability has been aggravated (increased in severity beyond its natural progression) by the lumbar spine degenerative disc disease with laminectomy residuals and the other service connected disabilities. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Douglas 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.