Citation Nr: 20072829 Decision Date: 11/12/20 Archive Date: 11/12/20 DOCKET NO. 16-53 177 DATE: November 12, 2020 ORDER The issue of entitlement to an evaluation in excess of 10 percent for right knee degenerative arthritis is dismissed. The issue of entitlement to an evaluation in excess of 20 percent for prostate cancer, status post radical prostatectomy, is dismissed. The issue of entitlement to an evaluation in excess of 50 percent prior to January 31, 2020, and in excess of 70 percent from January 31, 2020, for posttraumatic stress disorder (PTSD) is dismissed. The issue of entitlement to an evaluation in excess of 10 percent prior to January 31, 2020, and in excess of 20 percent from January 31, 2020, for right ankle degenerative joint disease (DJD) status post open reduction internal fixation (ORIF) is dismissed. The issue of entitlement to a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) prior to September 1, 2016 is dismissed. FINDING OF FACT 1. In response to the issuance of a July 2020 Supplemental Statement of the Case (SSOC) addressing the issues of an evaluation in excess of 10 percent for right knee degenerative arthritis; an evaluation in excess of 20 percent for prostate cancer, status post radical prostatectomy; an evaluation in excess of 50 percent prior to January 31, 2020 and in excess of 70 percent from January 31, 2020 for PTSD; an evaluation in excess of 10 percent prior to January 31, 2020 and in excess of 20 percent from January 31, 2020 for right ankle DJD status post ORIF; and entitlement to a TDIU prior to September 1, 2016; the Veteran, in a signed August 2020 Appeals Satisfaction Notice, indicated that based upon the decision rendered he was satisfied and wished to withdraw all remaining issues associated with the appeal. It was indicated that by signing the form, he was asking to withdraw all remaining issues contained in the recent SSOC. CONCLUSIONS OF LAW The criteria for withdrawal of an appeal by the Veteran on the issues of an evaluation in excess of 10 percent for right knee degenerative arthritis; an evaluation in excess of 20 percent for prostate cancer status post radical prostatectomy; an evaluation in excess of 50 percent prior to January 31, 2020 and in excess of 70 percent from January 31, 2020 for PTSD; an evaluation in excess of 10 percent prior to January 31, 2020 and in excess of 20 percent from January 31, 2020 for right ankle DJD status post ORIF; and entitlement to a TDIU prior to September 1, 2016, have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran, who is the appellant, had active service from September 1967 to August 1971. The Veteran appeared at a hearing before the undersigned Veterans Law Judge in May 2019. A transcript of the hearing is of record. In October 2019, the Board remanded this matter for further development. 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 appellant or by his or her authorized representative. 38 C.F.R. § 20.204. Following the requested development in the October 2019 Board remand, the RO, in a July 2020 rating determination, increased the evaluation for PTSD from 50 percent to 70 percent effective January 31, 2020; the evaluation for the right ankle DJD status post ORIF from 10 percent to 20 percent, effective January 31, 2020; and granted entitlement to TDIU from September 1, 2016. The RO also issued a July 2020 SSOC on the remaining issues. The Veteran, in a signed August 2020 Appeals Satisfaction Notice, which had been sent in conjunction with the July 2020 SSOC, indicated that based upon the decision rendered he was satisfied and wished to withdraw all remaining issues associated with the appeal. It was indicated that by signing the form, he was asking to withdraw all remaining issues contained in the recent SSOC. Hence, there remain no allegations of errors of fact or law for appellate consideration as it relates to the above issues. Accordingly, the Board does not have jurisdiction to review the appeal as it relates to these issues and they are dismissed. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. S. Kelly, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.