Citation Nr: 18152744 Decision Date: 11/27/18 Archive Date: 11/26/18 DOCKET NO. 15-45 508 DATE: November 27, 2018 ORDER The appeal with respect to the issue of entitlement to service connection for sleep apnea is dismissed. The appeal with respect to the issue of entitlement to a rating in excess of 40 percent for residuals of left femur open fracture with Muscle Group XIV symptoms and left hip impairment is dismissed. The appeal with respect to the issue of entitlement to a rating in excess of 50 percent for residuals of left femur open fracture with Muscle Group XVII symptoms and left hip impairment is dismissed. FINDING OF FACT In a statement received in April 2018, prior to the promulgation of the Board’s decision in the appeal, the Veteran withdrew his pending appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a Substantive Appeal by the Veteran for the issue of entitlement to service connection for sleep apnea have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. 2. The criteria for withdrawal of a Substantive Appeal by the Veteran for the issue of entitlement to a rating in excess of 40 percent for residuals of left femur open fracture with Muscle Group XIV symptoms and left hip impairment have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. 3. The criteria for withdrawal of a Substantive Appeal by the Veteran for the issue of entitlement to a rating in excess of 50 percent for residuals of left femur open fracture with Muscle Group XVII symptoms and left hip impairment have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from February 1974 to March 1977. In the case at hand, an October 2015 Statement of the Case (SOC) denied the issues of: entitlement to service connection for sleep apnea; entitlement to an increased rating for a left femur disability based on limitation of extension; entitlement to an increased rating for a left femur disability based on limitation of flexion; and entitlement to an increased rating for a left femur disability based on limitation of rotation, adduction or abduction. The Veteran submitted a timely VA Form 9, substantive appeal, to all these issues and requested a Board videoconference hearing in December 2015. In subsequent rating decisions, the Regional Office (RO) recharacterized the three increased rating issues to the two issues noted in the Order. A Supplemental SOC was issued in January 2017 and the appeal was certified to the Board in April 2017. In a signed statement received on April 16, 2018, the Veteran withdrew from appellate consideration the issues on appeal. He stated, “I wish to withdraw my appeal and request for a video conference. I understand that this is in no way connected to the recent reconsideration that has been submitted.” See 38 C.F.R. § 20.204. (The “reconsideration” refers to his claim for a higher rating for depression, see November 2017 VA Form 21-526EZ and April 2018 VA Form 21-4138, which is not currently before the Board.) Given the Veteran’s clear intent to withdraw his appeal in this matter, further action by the Board on the issues above would not be appropriate. 38 U.S.C. § 7105. The Board observes that the Veteran’s representative filed an August 2018 informal hearing presentation (IHP) with respect to the issues being dismissed herein. However, as noted above, the Veteran’s appeal was already withdrawn in April 2018. 38 C.F.R. § 20.204(b)(3). The Board is under no obligation to further adjudicate an appeal that has been withdrawn. Hanson v. Brown, 9 Vet. App. 29, 32 (1996) (“When claims are withdrawn, they cease to exist.”). Withdrawal of an appeal also operates as a withdrawal of the notice of disagreement. 38 C.F.R. § 20.204(c). VA regulations permit claimants to renew appeals that they previously withdrew by filing a new notice of disagreement as long as the new notice of disagreement would have been timely (filed within one year of the applicable rating decision) had the withdrawn appeal never been withdrawn. Id. VA regulations do not provide a mechanism for renewing an appeal by filing an IHP directly to the Board. Consequently, the Board finds that the Veteran’s appeal is withdrawn, and the withdrawal of the appeal was effective on April 16, 2018 (the day the withdrawal was received by VA). Therefore, the Veteran’s appeal is dismissed. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.R.Fletcher, Counsel