Citation Nr: 21072153
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 12-05 507
DATE: December 2, 2021

ORDER

Entitlement to a rating for left rotator cuff tendonitis (previously rated as tendonitis, left shoulder) in excess of 20 percent is dismissed.  

Entitlement to a rating for low back strain in excess of 20 percent from April 30, 2010, and prior to May 15, 2017, is dismissed.

Entitlement to a rating for low back strain in excess of 10 percent from May 15, 2017, and prior to July 14, 2021, is dismissed.

Entitlement to a rating for low back strain in excess of 20 percent from July 14, 2021, is dismissed.

FINDINGS OF FACT

1. In August 2021, prior to the promulgation of a decision on the issue of entitlement to a rating for left rotator cuff tendonitis (previously rated as tendonitis, left shoulder) in excess of 20 percent, the Veteran withdrew her entire appeal.

2. In August 2021, prior to the promulgation of a decision on the issue of entitlement to a rating for low back strain in excess of 20 percent from April 30, 2010, and prior to May 15, 2017, the Veteran withdrew her entire appeal.

3. In August 2021, prior to the promulgation of a decision on the issue of entitlement to a rating for low back strain in excess of 10 percent from May 15, 2017, and prior to July 14, 2021, the Veteran withdrew her entire appeal.

4. In August 2021, prior to the promulgation of a decision on the issue of entitlement to a rating for low back strain in excess of 20 percent from July 14, 2021, the Veteran withdrew her entire appeal

CONCLUSIONS OF LAW

1. The criteria for withdrawal of a Substantive Appeal as to the issue of entitlement to a rating for left rotator cuff tendonitis (previously rated as tendonitis, left shoulder) in excess of 20 percent, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

2. The criteria for withdrawal of a Substantive Appeal as to the issue of entitlement to a rating for low back strain in excess of 20 percent from April 30, 2010, and prior to May 15, 2017, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

3. The criteria for withdrawal of a Substantive Appeal as to the issue of entitlement to a rating for low back strain in excess of 10 percent from May 15, 2017, and prior to July 14, 2021, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

4. The criteria for withdrawal of a Substantive Appeal as to the issue of entitlement to a rating for low back strain in excess of 20 percent from July 14, 2021, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 1995 to November 2006.  

These matters initially came before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), stemming from an April 2010 increased rating claim, which included the two issues remaining on appeal pertaining to the Veteran's low back strain and left shoulder tendonitis.

This claim was previously before the Board in January 2021, at which time it was remanded for further development.  Thereafter, following the assignment of partial increased ratings for the Veteran's left shoulder and low back disorders, the Veteran expressed satisfaction with these results and requested the dismissal of his remaining appeal.

Increased Rating

1. Entitlement to a rating for left rotator cuff tendonitis (previously rated as tendonitis, left shoulder) in excess of 20 percent

2. Entitlement to a rating for low back strain in excess of 20 percent from April 30, 2010, and prior to May 15, 2017

3. Entitlement to a rating for low back strain in excess of 10 percent from May 15, 2017, and prior to July 14, 2021

4. Entitlement to a rating for low back strain in excess of 20 percent from July 14, 2021

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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204.  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204.

In August 2021, the Veteran submitted an Appeal Satisfaction Notice indicating that she wished to withdraw all further consideration of her case.  Therefore, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the entire appeal and it is dismissed as to all of the issues on appeal.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Daniels, 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.