Citation Nr: 25005190 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 20-25 000 DATE: April 16, 2025 ORDER The appeal concerning entitlement to an initial rating in excess of 20 percent (excluding the temporary convalescence period from July 15, 2020, to October 1, 2020) for right shoulder strain is dismissed. FINDING OF FACT On March 14, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Army National Guard with a period of active duty for training from October 1977 to January 1978. He had additional service in the Army National Guard. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in January 2024, at which time the Board also remanded claims for service connection for a back disability and service connection for a right upper extremity neurological disability. In an October 2024 rating decision, the AOJ granted service connection for degenerative disc disease of the lumbar spine, and in a November 2024 rating decision, the AOJ granted service connection for right upper extremity neuropathy. This represents a full grant of the benefits sought, and these issues are no longer in appellate status. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). In January 2024, the Board remanded the claim for an earlier effective date for the grant of service connection for right shoulder strain for the issuance of a statement of the case pursuant to Manlincon v. West, 12 Vet. App. 238 (1999). In November 2024, the AOJ issued a statement of the case as to this issue. The Veteran did not file a VA Form 9, substantive appeal to the Board, as to such issue. Therefore, the issue is not currently on appeal or before the Board at this time. As to the Veteran's claim for an increased rating for his right shoulder strain, in January 2024, the Board remanded the claim for an initial compensable rating prior to October 19, 2017, and a rating higher than 20 percent thereafter. In an October 2024 rating decision, the AOJ granted a temporary 100 percent evaluation from July 15, 2020, to October 1, 2020, for the right shoulder strain, and assigned a 20 percent evaluation thereafter. In a November 2024 rating decision, the AOJ granted a 20 percent evaluation for the entire appeal period (outside of the temporary convalescence period) from September 8, 2014. In November 2024, the AOJ issued a supplemental statement of the case as to the remaining issue of entitlement to a rating in excess of 20 percent (excluding the temporary convalescence period from July 15, 2020, to October 1, 2020) for right shoulder strain, and the matter has returned to the Board. 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 authorized representative. Id. In the present case, in a March 2025 written correspondence, the appellant, through his authorized representative, withdrew the appeal as to an increased evaluation for the service-connected right shoulder disability. Hence, 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. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bruce, 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.