Citation Nr: A25035558
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 230322-333516
DATE: April 17, 2025

ORDER

The appeal of entitlement to service connection for a right shoulder condition is dismissed.

FINDING OF FACT

On December 17, 2024, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of entitlement to service connection for a right shoulder condition have been 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 from November 1990 to April 1993 and from February 1994 to July 1996. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2022 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). Because the March 2022 rating decision on appeal was issued after February 19, 2019, it is subject to the Appeals Modernization Act ("AMA"). 38 C.F.R. §§ 3.2400(a)(1); 19.2(a).

In the Veteran's March 2023 VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. 

Therefore, the Board may only consider the evidence of record at the time of the March 2022 rating decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the rating decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

Entitlement to service connection for a right shoulder condition

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Id. 

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?

In this case, on December 17, 2024, VA received a Statement in Support of Claim from the Veteran indicating that he wished to withdraw his appeal. This constitutes a valid withdrawal of the appeal. The withdrawal was effective upon receipt of the December 2024 Statement in Support of Claim, and the Veteran has not reasonably raised any question about the withdrawal's validity. See Martinez v. McDonough, 36 Vet. App. 320 (2023) ("if the claimant or the circumstances of the withdrawal reasonably raised a question about the withdrawal's validity, the Board must address the matter").

As the Veteran has withdrawn the issue on appeal, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the appeal is dismissed.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Corcoran, 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.