Citation Nr: 22040934 Decision Date: 07/18/22 Archive Date: 07/18/22 DOCKET NO. 20-00 122 DATE: July 18, 2022 ORDER Entitlement to an effective date earlier than March 29, 2010, for the award of service connection for a right shoulder disability has been withdrawn. REMANDED Entitlement to a disability rating in excess of 20 percent for the right shoulder condition for the period prior to September 18, 2018, and the period from April 1, 2019, to include an extension of the temporary total evaluation for convalescence assigned from September 18, 2018, to March 31, 2019, is remanded. Entitlement to a compensable disability rating for a scar of a right anterior shoulder is remanded. FINDING OF FACT On April 12, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the appellant that a withdrawal of the claim for an effective date earlier than March 29, 2010, for the award of service connection for a right shoulder disability is requested. CONCLUSION OF LAW The criteria for withdrawal of the issue of entitlement to an effective date earlier than March 29, 2010, for the award of service connection for a right shoulder disability by the appellant are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had periods of active service from June 1981 to November 1984 and from November 1984 to December 1988. These matters come before the Board of Veterans' Appeals (Board) on appeal of various rating decisions issued by VA regional offices. During this appeal, and specifically in April 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. Entitlement to an effective date earlier than March 29, 2010, for the award of service connection for a right shoulder disability 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the appellant, through his authorized representative, has withdrawn the claim for entitlement to an effective date earlier than March 29, 2010, for the award of service connection for a right shoulder condition at the hearing in April 2021. There remain no allegations of errors of fact or law for appellate consideration with respect to this issue. Accordingly, the Board does not have jurisdiction to review this claim, and it is dismissed. REASONS FOR REMAND Entitlement to a disability rating in excess of 20 percent for the right shoulder disability for the period prior to September 18, 2018, and the period from April 1, 2019, to include an extension of the temporary total evaluation for convalescence assigned from September 18, 2018, to March 31, 2019 Entitlement to a compensable disability rating for the service-connected right anterior shoulder scar At the April 2021 hearing, the Veteran testified that his right shoulder condition has been getting progressively worse over the last few years. Consequently, the Board finds that there is evidence that this disability (including the scar on the right shoulder joint) has potentially increased in severity since the most recent examination in August 2019. Therefore, these matters must be remanded for an additional examination. Accordingly, these matters are REMANDED for the following actions: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right shoulder disability (including the resulting scar). 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. In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). Additionally, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Steven H. Johnston, 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.