BVA9502090 DOCKET NO. 93-06 567 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for a left shoulder disorder. 2. Entitlement to service connection for a left arm disorder. 3. Entitlement to service connection for a left hand disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active military service from February 1943 to April 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of April 1992 by the Department of Veterans Affairs (VA) Lincoln, Nebraska, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he wishes to withdraw his appeal of the claims of entitlement to service connection for left shoulder, arm, and hand disorders. He maintains that a 100 percent evaluation has been assigned to his service-connected disorders and that he would therefore not receive any further benefits from establishing service connection for additional disabilities. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that dismissal of the veteran's claims of entitlement to service connection for left shoulder, arm, and hand disorders is warranted. FINDINGS OF FACT 1. The veteran's appeal was certified to the Board in March 1993. 2. In December 1994, the RO received a written statement from the veteran requesting that his appeal be withdrawn. CONCLUSIONS OF LAW 1. The veteran's claim of entitlement to service connection for a left shoulder disorder is improperly before the Board. 38 U.S.C.A. § 7105 (West 1991); 38 C.F.R. § 20.204 (1993). 2. The veteran's claim of entitlement to service connection for a left arm disorder is improperly before the Board. 38 U.S.C.A. § 7105 (West 1991); 38 C.F.R. § 20.204 (1993). 3. The veteran's claim of entitlement to service connection for a left hand disorder is improperly before the Board. 38 U.S.C.A. § 7105 (West 1991); 38 C.F.R. § 20.204 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The veteran submitted claims of entitlement to service connection for left shoulder, arm, and hand disorders in December 1991. By decision in April 1992, the RO denied the veteran's claims and a notice of disagreement was filed in June 1992. The statement of the case was issued in September 1992 and the veteran's substantive appeal was received later that month. The appeal was certified to the Board in March 1993. Under the provisions of 38 C.F.R. § 20.204(b) and (c), a substantive appeal may be withdrawn in writing by the appellant, or in certain circumstances by the appellant's representative, at any time before the Board promulgates a decision. As the veteran's December 1994 request to withdraw his substantive appeal complies with 38 C.F.R. § 20.204(b) and (c), his appeal is not properly before the Board and must therefore be dismissed. 38 U.S.C.A. § 7105. ORDER The claim of entitlement to service connection for a left shoulder disorder is dismissed. The claim of entitlement to service connection for a left arm disorder is dismissed. The claim of entitlement to service connection for a left hand disorder is dismissed. WARREN W. RICE, JR. Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.