Citation Nr: 19154792 Decision Date: 07/16/19 Archive Date: 07/16/19 DOCKET NO. 15-17 769 DATE: July 16, 2019 ORDER Entitlement to a rating greater than 70 percent for dysthymic disorder with major depression is dismissed. Entitlement to a rating greater than 60 percent for herniated disc at the L4-L5 is dismissed. Entitlement to a rating greater than 20 percent for radiculopathy of the right lower extremity associated with herniated disc at L4-L5 is dismissed. Entitlement to a rating greater than 10 percent for tinea versicolor claimed as dermatophytosis is dismissed. Entitlement to a compensable rating for service connected chronic rhinitis is dismissed. Entitlement to a compensable rating for appendectomy scar is dismissed. FINDINGS OF FACT 1. Prior to the promulgation of a final decision by the Board, the Veteran, through his representative, indicated that he wished to withdraw his pending appeal for a rating greater than 70 percent for dysthymic disorder with major depression. 2. Prior to the promulgation of a final decision by the Board, the Veteran, through his representative, indicated that he wished to withdraw his pending appeal for a rating greater than 60 percent for herniated disc at the L4-L5. 3. Prior to the promulgation of a final decision by the Board, the Veteran, through his representative, indicated that he wished to withdraw his pending appeal for a rating greater than 20 percent for radiculopathy of the right lower extremity associated with herniated disc at L4-L5. 4. Prior to the promulgation of a final decision by the Board, the Veteran through his representative, indicated that he wished to withdraw his pending appeal for a rating greater than 10 percent for tinea versicolor claimed as dermatophytosis. 5. Prior to the promulgation of a final decision by the Board, the Veteran, through his representative, indicated that he wished to withdraw his pending appeal for a compensable rating for service connected chronic rhinitis. 6. Prior to the promulgation of a final decision by the Board, the Veteran, through his representative, indicated that he wished to withdraw his pending appeal for a compensable rating for appendectomy scar. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a Substantive Appeal on the issue of a rating greater than 70 percent for dysthymic disorder with major depression by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for withdrawal of a Substantive Appeal on the issue of a rating greater than 60 percent for herniated disc at the L4-L5 by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 3. The criteria for withdrawal of a Substantive Appeal on the issue of a rating greater than 20 percent for radiculopathy of the right lower extremity associated with herniated disc at L4-L5 by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 4. The criteria for withdrawal of a Substantive Appeal on the issue of a rating greater than 10 percent for tinea versicolor claimed as dermatophytosis by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 5. The criteria for withdrawal of a Substantive Appeal on the issue of a compensable rating for service connected chronic rhinitis by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 6. The criteria for withdrawal of a Substantive Appeal on the issue of a compensable rating for appendectomy scar by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from September 1987 to April 1993. The Veteran was scheduled to testify during a Board hearing to be held July 15, 2019; however, through his representative the Veteran submitted a VA Form 21-4138 requesting to withdraw his hearing request, in addition to withdrawing his claims. This case has been processed under the Board’s One-Touch Program. Withdrawn Claims 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. 38 C.F.R. § 20.204. A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(b)(1). In a statement dated July 15, 2019, the Veteran’s representative, per the Veteran’s request, submitted a VA Form 21-4138 requesting to withdraw the Veteran’s appeal pertaining to the issues on appeal. Through his representative, the Veteran asserted that he was satisfied with the recent granting of TDIU and his current ratings. The Board finds that the Veteran’s withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). (Continued on the next page)   Importantly, the withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.204 (b)(3). Therefore, the Veteran has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal concerning the increased rating claims for dysthymic disorder, intervertebral disc syndrome, dermatophytosis, radiculopathy of the right lower extremity, chronic rhinitis, and appendectomy scar and it is dismissed. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Barner, Counsel