Citation Nr: 1504663
Decision Date: 01/30/15 Archive Date: 02/09/15
DOCKET NO. 11-24 518 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Columbia, South Carolina
THE ISSUE
Entitlement to service connection for a left shoulder disability.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of the United States
WITNESSES AT HEARING ON APPEAL
Appellant and two observers
ATTORNEY FOR THE BOARD
J. Taylor, Associate Counsel
INTRODUCTION
The Veteran served on active duty from October 1972 to October 1974.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina.
The Veteran was afforded a Board hearing in February 2012. A transcript of the testimony offered at this hearing has been associated with the record.
In an April 2014 Board decision, the Board remanded the case for further evidentiary development. The case is back before the Board for further appellate proceedings.
This is a paperless appeal located on the Veterans Benefits Management System (VBMS). Documents on the Virtual VA paperless are either duplicative of the evidence of record or not pertinent to the present appeal.
FINDING OF FACT
Prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of his appeal for entitlement to service connection for a left shoulder disability is requested.
CONCLUSION OF LAW
The criteria for withdrawal of the issue of entitlement to service connection for a left shoulder disability, by the appellant, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204 (2014).
REASONS AND BASES FOR FINDING AND CONCLUSION
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.A. § 7105 (West 2014). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2014). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.
In the present case, the appellant, through a submission dated in October 2014, has withdrawn the appeal of entitlement to service connection for a left shoulder disability.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 of this issue and it is dismissed.
ORDER
The appeal of entitlement to service connection for a left shoulder disability is dismissed.
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DAVID L. WIGHT
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs