Citation Nr: 21025664 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 14-35 551A DATE: April 28, 2021 ORDER The appeal for a rating in excess of 10 percent for a right knee strain has been withdrawn. The appeal for a rating in excess of 10 percent prior to January 4, 2019 for right shoulder arthritis has been withdrawn. The appeal for a rating in excess of 20 percent after January 4, 2019 for right shoulder arthritis has been withdrawn. REMANDED A rating in excess of 10 percent for a right hip strain. Service connection for a right elbow disorder. Service connection for a bilateral foot disorder. Service connection for a nasal scar. A total disability rating due to individual unemployability (TDIU). FINDINGS OF FACT 1. The Veteran served on active duty from May 2009 to May 2013. 2. The Veteran’s attorney submitted a written February 2021 addendum brief, which included the Veteran’s name, the VA file number, and a clear statement indicating the intent to withdraw the issues a right knee strain and right shoulder arthritis. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a rating in excess of 10 percent for a right knee strain have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 2. The criteria for withdrawal of a rating in excess of 10 percent prior to January 4, 2019 for right shoulder arthritis have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 3. The criteria for withdrawal of a rating in excess of 20 percent after January 4, 2019 for right shoulder arthritis have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Withdrawals 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. Id. In the present case, the Veteran, through his authorized representative, has withdrawn the issues of a rating in excess of 10 percent for a right knee strain, a rating of excess of 10 percent prior to January 4, 2019 for right shoulder arthritis, and a rating in excess of 20 percent after January 4, 2019 for right shoulder arthritis and, hence, there remain no allegations of errors of fact or law for appellate consideration for those issues. The Veteran’s attorney clearly and unambiguously withdrew these claims in a written February 2021 addendum brief, which included the Veteran’s name, the VA file number, and a clear statement of withdrawal. Accordingly, the Board does not have jurisdiction to review these issues and they are dismissed. REASONS FOR REMAND Additional development is necessary prior to deciding the remaining issues on appeal. Following the October 2020 supplementary statement of the case (SSOC), additional relevant VA medical records were added to the claims file. The Board sent the Veteran and his representative a February 2021 waiver letter asking if they would like to waive initial review by the agency of original jurisdiction (AOJ). However, the attached form was never returned, and waiver of initial AOJ review has not been clearly indicated. As such, remand for a new SSOC addressing the VA-generated medical evidence added to the claims file after the prior October 2020 SSOC is warranted. The matters are REMANDED for the following actions: 1. Obtain any outstanding VA treatment records and associate them with the claims file 2. Readjudicate the remanded claims, if benefits are not granted in full, then, provide the Veteran and his   representative with a SSOC and allow an appropriate opportunity to respond. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brendan A. Evans, Associate 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.