Citation Nr: 18140473 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 16-00 214 DATE: October 3, 2018 ORDER Entitlement to service connection for arthritis, bilateral ankles, is dismissed. Entitlement to service connection for arthritis, bilateral elbows, is dismissed. Entitlement to service connection for arthritis, bilateral feet, is dismissed. Entitlement to service connection for arthritis, bilateral hips, is dismissed. Entitlement to service connection for arthritis, bilateral wrists, is dismissed. Entitlement to service connection for arthritis, right shoulder, is dismissed. Entitlement to service connection for diabetes mellitus is dismissed. Entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed. Entitlement to an initial rating higher than 20 percent for left shoulder impingement syndrome is dismissed. Entitlement to a rating higher than 10 percent for right knee patellofemoral syndrome is dismissed. Entitlement to an initial rating higher than 10 percent for hypertension is dismissed. Entitlement to an initial rating higher than 30 percent for hypertensive heart disease is dismissed. Entitlement to an initial rating higher than 50 percent for major depressive disorder (MDD); and 70 percent beginning August 13, 2015, is dismissed. FINDING OF FACT In January 2018, prior to the promulgation of a decision, the Veteran indicated that he wanted to withdraw his appeal of the above-noted issues. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal for entitlement to service connection for arthritis, bilateral ankles, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 2. The criteria for withdrawal of an appeal for entitlement to service connection for arthritis, bilateral elbows, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 3. The criteria for withdrawal of an appeal for entitlement to service connection for arthritis, bilateral feet, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 4. The criteria for withdrawal of an appeal for entitlement to service connection for arthritis, bilateral hips, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 5. The criteria for withdrawal of an appeal for entitlement to service connection for arthritis, bilateral wrists, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 6. The criteria for withdrawal of an appeal for entitlement to service connection for arthritis, right shoulder, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 7. The criteria for withdrawal of an appeal for entitlement to service connection for diabetes mellitus have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 8. The criteria for withdrawal of an appeal for entitlement to service connection for posttraumatic stress disorder (PTSD) have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 9. The criteria for withdrawal of an appeal for entitlement to an initial rating higher than 20 percent for left shoulder impingement syndrome have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 10. The criteria for withdrawal of an appeal for entitlement to an initial rating higher than 10 percent for right knee patellofemoral syndrome have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 11. The criteria for withdrawal of an appeal for entitlement to an initial rating higher than 10 percent for hypertension have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 12. The criteria for withdrawal of an appeal for entitlement to a rating higher than 30 percent for hypertensive heart disease have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 13. The criteria for withdrawal of an appeal for entitlement to an initial rating higher than 50 percent for major depressive disorder (MDD); and 70 percent beginning August 13, 2015, have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service from July 1988 to January 1994. On his December 2015 substantive appeal (VA Form 9), he requested a hearing by live videoconference. However, because he has now withdrawn his entire appeal, a hearing is not warranted. Withdrawal 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. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. A written notice of withdrawal is required, except when appeals are withdrawn on the record at a hearing. 38 C.F.R. § 20.204 (b)(1). In a January 2018 written submission, the Veteran explicitly indicated that he wished to withdraw and dismiss from appellate review his pending claims for: (1) an increased rating for hypertension and heart disease; an increased rating for major depressive disorder; an increased rating for patellofemoral syndrome of the right knee; an increased rating for left shoulder impingement; as well as entitlement to service connection for PTSD; diabetes mellitus; and arthritis of the bilateral feet, ankles, hips, wrists, elbows, and right shoulder. As a result, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to these issues, and they are dismissed. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Martha R. Luboch, Associate Counsel