Citation Nr: A25035211
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 210601-163272
DATE: April 16, 2025

ORDER

Entitlement to service connection for nerve damage to the left hand and arm is dismissed.

Entitlement to an evaluation greater than 20 percent for cervical radiculopathy, right upper extremity, is dismissed.

Entitlement to an evaluation greater than 10 percent for degenerative arthritis, spinal fusion, and herniated disc of cervical spine, is dismissed.

Entitlement to an evaluation greater than 20 percent for labral tear, including superior labral anterior-posterior lesion (SLAP), with degenerative arthritis, right shoulder, is dismissed.

FINDING OF FACT

On June 6, 2024, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of his appeal for service connection of left hand and arm nerve damage and for an increased evaluation of right upper extremity radiculopathy, right shoulder labral tear, and degenerative arthritis of the cervical spine is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for nerve damage to the left hand and arm by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of entitlement to an evaluation greater than 20 percent for cervical radiculopathy, right upper extremity, by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of entitlement to an evaluation greater than 10 percent for degenerative arthritis, spinal fusion, and herniated disc of cervical spine, by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

4. The criteria for withdrawal of entitlement to an evaluation greater than 20 percent for labral tear, including superior labral anterior-posterior lesion (SLAP), with degenerative arthritis, right shoulder, by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran is represented by an accredited veteran service officer.  The information presented by the Veteran in the June 6, 2024, correspondence outlines a strategy and an intent on the part of the Veteran to withdraw his June 1, 2024, notice of disagreement.  See June 2024 VA Form 21-4138, Statement in Support of Claim.

The Board finds this request to be "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018) (quoting DeLisio v. Shinseki, 25 Vet. App. 45 (2011)).  

As the Veteran has withdrawn the appeal in its entirety, there is no extant allegation of error for the Board to adjudicate. Accordingly, the appeal is dismissed.

 

 

Timothy Cothrel

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Small, B. (BVA)

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.