Citation Nr: 21026872
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 14-29 063
DATE: May 4, 2021

ORDER

The appeal of a claim of service connection for a left shoulder disability, excluding upper left extremity neuropathy, is dismissed.

 

FINDING OF FACT

In March 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 April 1969 to March 1973.

The case is on appeal from a September 2013 rating decision.

In August 2018, the Board granted service connection for left upper extremity neuropathy but denied service connection for left shoulder arthritis.  Thereafter, the Veteran appealed the decision to United States Court of Appeals for Veterans Claims (Court).  The parties to the appeal entered into a July 2019 Joint Motion for Partial Remand (Joint Motion) that sought remand for consideration of service connection for a left shoulder disability to include as secondary to his service-connected neck disability.  In an Order dated in August 2019, the Court granted the Joint Motion and remanded the claim to the Board.

In November 2019 and October 2020, the Board remanded the claim for further development. 

Service connection for a left shoulder disability, excluding upper left extremity neuropathy. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

In March 2021, the Veteran's representative submitted a statement.  In doing so, the Veteran's representative stated that the Veteran "hereby withdraws his claim of entitlement to service connection for [a] left shoulder disability."  

The Board finds that the Veteran's withdrawal of the issue on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  This was an express written statement made by an attorney representative that the Veteran no longer wants to pursue the claim of service connection for a left shoulder disability.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Gray, 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.