Citation Nr: 21073059
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 20-15 436
DATE: December 7, 2021

ORDER

Entitlement to a disability rating in excess of 20 percent for status post total left shoulder arthoplasty with biceps defect and shoulder impingement syndrome is dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision by the Board, the Veteran submitted correspondence stating that he wished to withdraw his claim entitlement to a disability rating in excess of 20 percent for status post total left shoulder arthoplasty with biceps defect and shoulder impingement syndrome.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a disability rating in excess of 20 percent for status post total left shoulder arthoplasty with biceps defect and shoulder impingement syndrome have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service with the U.S. Navy from March 1971 to April 1992.  This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

An appeal may be withdrawn at any time before the Board promulgates a decision. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 19.55(a).

The Veteran was scheduled for a Board hearing in December 2021.  In October 2021 correspondence, he stated he no longer wished to have a hearing on his left shoulder disability.  In subsequent November 2021 electronic correspondence, the Veteran clarified that he wished to withdraw his appeal in its entirety.  "My intention before, when canceling my hearing, was in fact my goal [sic] to withdraw my appeal."

A withdrawal is effective when received by the Board. 38 C.F.R. § 19.55(b)(3). As the Veteran has properly withdrawn the appeal prior to a final Board decision, the Board no longer has appellate jurisdiction and can take no further action on this matter. 38 C.F.R. § 19.55.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.