Citation Nr: 22015270
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 20-21 514
DATE: March 16, 2022

ORDER

The appeal seeking an initial rating above 20 percent for right shoulder strain with degenerative arthritis prior to July 26, 2021, and in excess of 40 percent, thereafter, is dismissed.

The appeal seeking an initial compensable rating for residuals of traumatic pneumothorax with scarring is dismissed.

The appeal seeking entitlement to service connection for a right elbow injury is dismissed.

FINDING OF FACT

In a February 2022 Appeals Satisfaction notice received prior to the promulgation of a decision in the appeal, the Veteran requested that all remaining issues in his appeal be withdrawn.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal seeking an initial rating above 20 percent for right shoulder strain with degenerative arthritis prior to July 26, 2021, and in excess of 40 percent, thereafter, are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal seeking an initial compensable rating for residuals of traumatic pneumothorax with scarring are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal seeking service connection for a right elbow injury are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran, who is the appellant in this case, has verified active duty service from September 1962 to June 7, 1965, June 9, 1965 to August 1970, and November 1973 to March 1981.  The Veteran retired from active duty in March 1981 following 20 years of service.

This matter came before the Board of Veterans' Appeals (Board) on appeal from a March 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In January 2021, the Board granted service connection for bladder cancer and remanded the issues of service connection for a right elbow injury, entitlement to an initial rating in excess of 20 percent for right shoulder strain with degenerative arthritis, and entitlement to an initial compensable rating for residuals of traumatic pneumothorax with scarring.

In January 2022, the RO increased the right shoulder strain disability to 40 percent, effective from July 26, 2021.  The RO also granted service connection for a painful surgical scar associated with residuals of traumatic pneumothorax, effective from July 26, 2021.  To date, the Veteran has not expressed disagreement with the assigned rating or effective date.

The Board notes that the representation by Vietnam Veterans of America was revoked by the Veteran, effective May 2020, and acknowledged by VA in correspondence dated February 15, 2022.

Dismissal

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  See 38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  Id.  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.  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.  

In a signed February 2022 Appeals Satisfaction Notice following the January 2022 Supplemental Statement of the Case (SSOC), the Veteran expressed his desire to withdraw all remaining issues contained in the most recent SSOC.   As noted previously, the only issues remaining on appeal before the Board are entitlement to an initial rating above 20 percent for right shoulder strain with degenerative arthritis prior to July 26, 2021, and in excess of 40 percent thereafter; entitlement to an initial compensable rating for residuals of traumatic pneumothorax with scarring; and entitlement to service connection for a right elbow injury.  The February 2022 Appeals Satisfaction Notice includes the name of the Veteran, the file number, and a statement that the appeal is withdrawn.  For these reasons, the Veteran's entire appeal is deemed to be withdrawn.    

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As the Veteran withdrew his appeal, 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.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Beach, Julia M.

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.