Citation Nr: 21015324
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 10-11 786
DATE: March 17, 2021

ORDER

The appeal of a service connection claim for a right shoulder disability, including and not limited to, right shoulder tendinitis and degenerative arthritis of the right shoulder (right shoulder disability) is dismissed.

FINDING OF FACT

On January 26, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his representative, that a withdrawal of this appeal is requested, for purposes of filing a decision review request for higher-level review, under the Appeals Modernization Act (AMA appeal), on the same matter.

CONCLUSION OF LAW

The criteria for a withdrawal of this appeal have been met.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  Id.  In the present case, the Veteran has withdrawn his appeal of the claim for service connection for a right shoulder disability, for purposes of filing an AMA appeal on the same matter.  Thus, 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.  38 U.S.C. § 7104.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	V-N. Pratt

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.