Citation Nr: 18157369 Decision Date: 12/12/18 Archive Date: 12/12/18 DOCKET NO. 15-34 452 DATE: December 12, 2018 ORDER Entitlement to an evaluation in excess of 20 percent for right plantar fasciitis is dismissed. Entitlement to a rating in excess of 10 percent for tinea corporis, versicolor, hidradenitis, and dermatitis both axilla is dismissed. Entitlement to a rating in excess of 70 percent for anxiety disorder not otherwise specified is dismissed. Entitlement to a rating in excess of 40 percent for lumbar strain with myositis is dismissed. Entitlement to a rating in excess of 20 percent for cervical myositis is dismissed. Entitlement to a rating in excess of 10 percent for right wrist tenosynovitis is dismissed. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to September 8, 2014 is dismissed. FINDING OF FACT During his November 2018 Board hearing, the Veteran explicitly and unambiguously withdrew his appeal of entitlement to increased ratings for right plantar fasciitis, tinea corporis, versicolor, hidradenitis, and dermatitis both axilla, anxiety disorder not otherwise specified, lumbar strain with myositis, cervical myositis, and right wrist tenosynovitis, and entitlement to TDIU, with full understanding of the consequences of such action. He also submitted June 2016 written correspondence withdrawing the issue of entitlement to TDIU. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to an evaluation in excess of 20 percent for right plantar fasciitis are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 2. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for tinea corporis, versicolor, hidradenitis, and dermatitis both axilla are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 3. The criteria for withdrawal of entitlement to a rating in excess of 70 percent for anxiety disorder not otherwise specified are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 4. The criteria for withdrawal of entitlement to a rating in excess of 40 percent for lumbar strain with myositis are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 5. The criteria for withdrawal of entitlement to a rating in excess of 20 percent for cervical myositis are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 6. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for right wrist tenosynovitis are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 7. The criteria for withdrawal of entitlement to TDIU prior to September 8, 2014 are met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from February 2001 to February 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA). In November 2018, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. During the course of the appeal, the issue of entitlement to TDIU was granted, effective September 8, 2014, the date the Veteran filed a claim for increased ratings for the issues on appeal. See June 2016 rating decision. While this may appear to be a full grant of the benefits sought on appeal, it is only a partial grant, because the Veteran could still be entitled to TDIU prior to September 8, 2014, pursuant to the regulation concerning factually ascertainable worsening for increased rating claims. See 38 C.F.R. § 3.400(o)(2). See also Rice v. Shinseki, 22 Vet. App. 447 (2009). A partial grant of TDIU does not bifurcate an appeal for TDIU. Harper v. Wilkie, No. 16-3519 (Vet. App. Dec. 6, 2018). Thus, the issue remains before the Board. All issues. 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. The withdrawal of an appeal must be either in writing or on the record at a hearing. Id. Withdrawal can be by the Veteran or by his representative. Id. During his November 2018 Board hearing, the Veteran explicitly and unambiguously withdrew his appeal of entitlement to increased ratings for right plantar fasciitis, tinea corporis, versicolor, hidradenitis, and dermatitis both axilla, anxiety disorder not otherwise specified, lumbar strain with myositis, cervical myositis, and right wrist tenosynovitis, and entitlement to TDIU with full understanding of the consequences of such action. He also submitted June 2016 written correspondence withdrawing the issue of entitlement to TDIU. The Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to these issues. Accordingly, as the Board has no further jurisdiction to review an appeal on these matters, they are dismissed. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Sandler, Associate Counsel