Citation Nr: 18152941
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 16-11 752
DATE:	November 27, 2018
ORDER
The appeal is dismissed with respect to the issues of entitlement to service connection for left hip, right hip, left knee, right knee, hypertension, anemia, and left foot conditions.
The appeal is dismissed with respect to the issues of entitlement to higher ratings for service-connected lumbar spine disability, and painful surgical and linear scars associated with lumbar spine disability.
FINDING OF FACT
On October 26, 2018, prior to promulgation of a decision in the appeal, the Veteran withdrew in writing his appeal of all issues before the Board.  
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the appeal of the issues of entitlement to service connection for left hip, right hip, left knee, right knee, hypertension, anemia, and left foot conditions, have been met.  38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
2. The criteria for withdrawal of the appeal of the issues of entitlement to higher ratings for service-connected lumbar spine disability, and painful surgical and linear scars associated with lumbar spine disability, have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from January 1975 to October 1995.
Pertinent to the Veteran’s claim for service connection for depression and entitlement to a total disability rating based on individual unemployability (TDIU), during the pendency of the appeal, in a March 2016 rating decision the agency of original jurisdiction (AOJ) granted the Veteran’s claim for a TDIU.  In a September 2016 rating decision, the AOJ granted service connection for adjustment disorder with depressed mood and assigned an applicable rating. These actions represent a full grant of the benefits sought on appeal.  Notably, the Veteran has not indicated disagreement with the assigned rating.  As such, these claims are no longer before the Board.
1. Entitlement to service connection for left hip, right hip, left knee, right knee, hypertension, anemia, and left foot conditions.
2. Entitlement to higher ratings for service-connected lumbar spine disability, and painful surgical and linear scars associated with lumbar spine disability.
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 authorized representative.  Id. Withdrawal is only effective if it is explicit, unambiguous, and done with the Veteran’s full understanding of the consequences.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Withdrawal of an appeal will be deemed a withdrawal of the notice of disagreement and, if filed, the substantive appeal, as to all issues to which the withdrawal applies.  38 C.F.R. § 20.204 (c).
In October 26, 2018 dated correspondence, the Veteran indicated that he would like to withdrawal the appeal of all claims.  He specifically requested that his appeal “needs to be terminated and closed with no further action.”  He also indicated that he is no longer represented by a private attorney and signed the correspondence.  The Veteran has clearly expressed unambiguous intent to withdraw the appeal for these issues.  The Board therefore finds that the Veteran’s statement meets the criteria for withdrawal of the appeal for all issues. 
Because the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration with regard to these issues. Accordingly, the Board does not have jurisdiction to review these issues and the claims are dismissed.
 
JAMES G. REINHART
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Amanda Baker, Associate Counsel