Citation Nr: 22014508 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 20-20 765 DATE: March 14, 2022 ORDER Entitlement to service connection for a right shoulder condition is dismissed. REMANDED Entitlement to an evaluation in excess of 20 percent for muscle group IV, shoulder and girdle muscle injury, residuals of gunshot wound to right upper chest is remanded. Entitlement to an evaluation in excess of 10 percent for supraclavicular nerve condition, residuals of gunshot wound to the right upper chest, circumflex nerve is remanded. FINDING OF FACT On February 04, 2022, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue of entitlement to service connection for a right shoulder condition. CONCLUSION OF LAW The criteria for withdrawal of the claim for entitlement to service connection for a right shoulder condition by the Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from June 1968 to January 1970. This matter is before the Board on appeal from an October 2018 rating decision issued by a Regional Office of the Department of Veterans Affairs (VA). The Veteran testified before the undersigned Veterans Law Judge at a February 2022 Board Hearing. 1. Entitlement to service connection for a right shoulder condition is dismissed. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. The Veteran requested to withdraw his claim of entitlement to service connection for a right shoulder condition during the February 2022 hearing. The withdrawal was 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 Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018). Hence, there remains no allegations of errors of fact or law for appellate consideration for the above issue. Accordingly, the appeal for entitlement to service connection for a right shoulder condition is dismissed. REASONS FOR REMAND 1. Entitlement to an evaluation in excess of 20 percent for muscle group IV, shoulder and girdle muscle injury, residuals of gunshot wound to right upper chest is remanded. 2. Entitlement to an evaluation in excess of 10 percent for supraclavicular nerve condition, residuals of gunshot wound to the right upper chest, circumflex nerve is remanded. The Board finds that remand is warranted for additional development. Another VA examination is necessary to determine the severity and extent of the Veteran's residuals from the gunshot wound to his right upper chest. The Veteran was provided with a VA examination in August 2018 to evaluate his muscle injury. The examiner determined that the Veteran only had injury to muscle group IV. In a subsequent October 2018 VA examination, the examiner noted injury to both muscle group IV and muscle group XXI. Additionally, in November 2018 VA medical records, injury to muscle group II was noted but no additional details were provided. Finally, in the November 2020 VA examination, only injury to muscle group IV was noted. The Board finds that another VA examination is necessary to clarify the extent of the Veteran's muscle injuries in light of conflicting medical evidence. The severity of injury to each muscle group must also be determined. Also, a current VA examination is necessary to determine the severity of the Veteran's paralysis of the circumflex nerve. The Veteran's statements at the February 2022 hearing indicated a worsening of his condition since the October 2018 VA examination. The matters are REMANDED for the following action: 1. Provide the Veteran with an appropriate examination to determine the severity of the service-connected muscle injury as residuals to a gunshot wound. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized. The examiner must clarify the muscle groups affected as residuals of the in-service gunshot wound and determine the severity of each injury. 2. Provide the Veteran with an examination by an appropriate clinician to determine the current severity of his paralysis of the circumflex nerve. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board AK 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.