Citation Nr: 21004709 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 12-02 768 DATE: January 27, 2021 ORDER Entitlement to service connection for constipation is dismissed. Entitlement to service connection for residuals of left ankle fracture is dismissed. Entitlement to service connection for fatigue and insomnia is dismissed. Entitlement to service connection for cervical spine disability is dismissed. Entitlement to service connection for ganglion cyst of the left knee is dismissed. Entitlement to service connection for allergic rhinitis is dismissed. Entitlement to an evaluation in excess of 10 percent for the period May 24, 2007, to January 24, 2016, and in excess of 40 percent beginning January 25, 2016, for service-connected lumbosacral strain is dismissed. Entitlement to an evaluation in excess of 20 percent for service-connected left and right lower extremity radiculopathy is dismissed. Entitlement to a temporary total disability rating for convalescence from left ankle surgery is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability, prior to January 2, 2015, is dismissed. FINDINGS OF FACT 1. On August 14, 2020, the agency of original jurisdiction (AOJ) received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to service connection for constipation. 2. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to service connection for residuals of left ankle fracture. 3. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to service connection for fatigue and insomnia. 4. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to service connection for cervical spine disability. 5. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to service connection for ganglion cyst of the left knee. 6. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to service connection for allergic rhinitis. 7. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to an evaluation in excess of 10 percent for the period May 24, 2007, to January 24, 2016, and in excess of 40 percent beginning January 25, 2016, for service-connected lumbosacral strain. 8. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to an evaluation in excess of 20 percent for service-connected left and right lower extremity radiculopathy. 9. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to a temporary total disability rating for convalescence from left ankle surgery. 10. On August 14, 2020, the AOJ received explicit and unambiguous notification from the Veteran that she sought to withdraw her claim of entitlement to a TDIU due to service-connected disability, prior to January 2, 2015. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to service connection for constipation by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the claim of entitlement to service connection for residuals of left ankle fracture by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the claim of entitlement to service connection for fatigue and insomnia by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the claim of entitlement to service connection for cervical spine disability by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the claim of entitlement to service connection for ganglion cyst of the left knee by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the claim of entitlement to service connection for allergic rhinitis by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the claim of entitlement to an evaluation in excess of 10 percent for the period May 24, 2007, to January 24, 2016, and in excess of 40 percent beginning January 25, 2016, for service-connected lumbosacral strain by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for withdrawal of the claim of entitlement to an evaluation in excess of 20 percent for service-connected left and right lower extremity radiculopathy by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 9. The criteria for withdrawal of the claim of entitlement to a temporary total disability rating for convalescence from left ankle surgery by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 10. The criteria for withdrawal of the claim of entitlement to a TDIU due to service-connected disability, prior to January 2, 2015, by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1987 to July 1997. The Veteran has been granted a TDIU due to service-connected disabilities, effective January 2, 2015. This appeal comes before the Board of Veterans’ Appeals (Board) from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.800(c). 38 U.S.C. § 7107(b). 1. Entitlement to service connection for constipation is dismissed. 2. Entitlement to service connection for residuals of left ankle fracture is dismissed. 3. Entitlement to service connection for fatigue and insomnia is dismissed. 4. Entitlement to service connection for cervical spine disability is dismissed. 5. Entitlement to service connection for ganglion cyst of the left knee is dismissed. 6. Entitlement to service connection for allergic rhinitis is dismissed. 7. Entitlement to an evaluation in excess of 10 percent for the period May 24, 2007, to January 24, 2016, and in excess of 40 percent beginning January 25, 2016, for service-connected lumbosacral strain is dismissed. 8. Entitlement to an evaluation in excess of 20 percent for service-connected left and right lower extremity radiculopathy is dismissed. 9. Entitlement to a temporary total disability rating for convalescence from left ankle surgery is dismissed. 10. Entitlement to a TDIU due to service-connected disability, prior to January 2, 2015, is dismissed. Issues 1-10. 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. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. 38 C.F.R. § 19.55(b)(3). In the present case, on August 14, 2020, the Veteran notified the AOJ that she was satisfied with her current rating and “wish[ed] to withdraw any and all appeals and/or claims at this time.” The withdrawal is in writing and contains the Veteran’s name, VA file number, and a statement indicating that the Veteran wished to withdraw her claims on appeal in their entirety. 38 C.F.R. § 19.55(b)(1). 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 of these matters and they are dismissed. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Griffey, Associate 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.