Citation Nr: 21001450 Decision Date: 01/08/21 Archive Date: 01/08/21 DOCKET NO. 14-21 379 DATE: January 8, 2021 ISSUES 1. Entitlement to an initial disability evaluation in excess of 10 percent for service-connected limited flexion with osteoporosis, residuals, fracture right pubic bone. 2. Entitlement to an initial disability evaluation in excess of 10 percent for service-connected limited flexion with osteoporosis, residuals, fracture left pubic bone. 3. Entitlement to an initial compensable disability evaluation for service-connected limited extension with osteoporosis, residuals, fracture right pubic bone. 4. Entitlement to an initial compensable disability evaluation for service-connected limited extension with osteoporosis, residuals, fracture left pubic bone. 5. Entitlement to a total disability rating based on individual unemployability (TDIU). ORDER Entitlement to an initial disability evaluation in excess of 10 percent for service-connected limited flexion with osteoporosis, residuals, fracture right pubic bone is dismissed. Entitlement to an initial disability evaluation in excess of 10 percent for service-connected limited flexion with osteoporosis, residuals, fracture left pubic bone is dismissed. Entitlement to an initial compensable disability evaluation for service-connected limited extension with osteoporosis, residuals, fracture right pubic bone is dismissed. Entitlement to an initial compensable disability evaluation for service-connected limited extension with osteoporosis, residuals, fracture left pubic bone is dismissed. Entitlement to a TDIU is dismissed. FINDING OF FACT In December 2020 correspondence, as well as prior to the promulgation of a decision in the appeals, the Veteran withdrew his Substantive Appeal with respect to all of the issues on appeal. CONCLUSION OF LAW The criteria for withdrawal of all of the issues on appeal have been met. 38 U.S.C. § 7105 (b) (2), (d) (5) (West 2014); 38 C.F.R. § 20.204 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1951 to June 1954, from June 1956 to June 1960, and from September 1960 to August 1964. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia. Jurisdiction was transferred to the RO in Roanoke, Virginia. In October 2017 the Veteran and D. W. presented testimony in a travel Board hearing before the undersigned. A copy of the transcript has been associated with the record. When this case was previously before the Board in January 2020, it was remanded for additional evidentiary development. It has since been returned to the Board for further appellate action. The Board notes that in a November 2020 rating decision, the RO explained that it added left and right hip arthritis to the separate evaluations of the left and right thigh impairments based on a VA examination which showed the examiner opined that the bilateral hip arthritis was at least as likely as not related to the service-connected bilateral hip conditions. As such, the Board finds that the issue of entitlement to service connection for arthritis of the bilateral hips, to include as secondary to the service-connected osteoporosis with residuals, fracture of the bilateral pubic bones is no longer before the Board. The Board may dismiss any appeal that 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. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204 (2017). In December 2020 correspondence, as well as prior to the promulgation of a decision in the appeal, the Veteran withdrew his Substantive Appeal with respect to all of the issues on appeal: entitlement to an initial disability evaluation in excess of 10 percent for service-connected limited flexion with osteoporosis, residuals, fracture right pubic bone; entitlement to an initial disability evaluation in excess of 10 percent for service-connected limited flexion with osteoporosis, residuals, fracture left pubic bone; entitlement to an initial compensable disability evaluation for service-connected limited extension with osteoporosis, residuals, fracture right pubic bone; entitlement to an initial compensable disability evaluation for service-connected limited extension with osteoporosis, residuals, fracture left pubic bone; and entitlement to a TDIU, therefore, there remain no allegations of errors of fact or law for appellate consideration regarding these issues. Accordingly, the Board does not have jurisdiction to review the appeal, and they are dismissed. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.M.K., 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.