Citation Nr: 21010260
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 10-46 770
DATE: February 24, 2021

ORDER

The appeal increased ratings for disabilities of the left shoulder, right shoulder and left knee is dismissed.

FINDING OF FACT

On December 11, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that he wished to withdraw his appeal for increased ratings for disabilities of the left shoulder, right shoulder and left knee.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 September 1988 to June 2009. The matters on appeal initially came before the Board of Veterans’ Appeals (Board) from July 2009 and September 2010 rating decisions. In the July 2009 decision, the agency of original jurisdiction (AOJ) awarded service connection for left shoulder strain and left knee jumper’s syndrome and assigned initial noncompensable (0 percent) disability ratings, both from July 1, 2009. In the September 2010 decision, the AOJ awarded service connection for right shoulder degenerative changes and assigned an initial 10 percent disability rating, from July 1, 2009. The AOJ also assigned an initial 10 percent disability rating for left shoulder degenerative changes, from July 1, 2009. The appeal was most recently Remanded for additional development in December 2019. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1).

Here, following the development ordered in the December 2019 remand, the AOJ issued a rating decision that assigned 20 percent ratings for right shoulder arthritis and left shoulder arthritis as well as a 10 percent rating for left jumper’s knee syndrome. The effective date of those awards was July 1, 2009. A Supplemental Statement of the Case addressing the increased rating issues was provided to the Veteran in November 2020. 

 

In December 2020, the Veteran filed an Appeals Satisfaction Notice indicating that he wished to “withdraw all remaining issue(s) contained in my most recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC). The document clearly included the Veteran’s name and claims file number.  

The Veteran has withdrawn this appeal and done so under in manner set out under 38 C.F.R. § 19.55(b)(1), There remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL A. HERMAN

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.