Citation Nr: 21005243 Decision Date: 01/29/21 Archive Date: 01/29/21 DOCKET NO. 20-25 642 DATE: January 29, 2021 ORDER 1. The appeal from the denial of the claim for a higher initial rating for service-connected coronary artery disease status post percutaneous coronary intervention (PCI) (angioplasty) is dismissed. 2. The appeal from the denial of the claim to an earlier effective date for service-connected coronary artery disease status post percutaneous coronary intervention (PCI) (angioplasty) is dismissed. 3. The appeal from the denial of the claim for a higher initial rating for service-connected bilateral hearing loss is dismissed. 4. The appeal from the denial of the claim for an earlier effective date for service-connected bilateral hearing loss is dismissed. 5. The appeal from the denial of the claim for service connection for tinnitus is dismissed. 6. The appeal from the denial of the claim for a 10 percent evaluation based on multiple, noncompensable, service-connected disabilities is dismissed. 7. The appeal from the denial of the claim for service connection for a left knee condition is dismissed. 8. The appeal from the denial of the claim for service connection for a right knee condition is dismissed. FINDING OF FACT In November 2020, prior to promulgation of a decision in the appeal, the Appellant, through her authorized representative, notified the VA that she wished to withdraw the appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Marine Corps from October 1968 to July 1970. These matters initially came to the Board of Veteran’s Appeals (Board) on appeal from an December 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran’s claims for a ten percent evaluation based upon multiple, noncompensable, service-connected disabilities, service connection for a right knee condition, left knee condition, and tinnitus, and granted service connection for bilateral hearing loss and coronary artery disease status post percutaneous coronary intervention. The Veteran filed a Notice of Disagreement in October 2019, in which he disagreed with the denials as well as the ratings and effective dates assigned in connection with the grants of service connection. In December 2019, the VA received notice that the Veteran died on December [REDACTED], 2019. In March 2020, the Regional Office (RO) of the Department of Veterans Affairs (VA) recognized the Appellant, the Veteran’s surviving spouse, as substitute claimant for the purposes of continuing the Veteran’s VA compensation claims that were pending at the time of his death. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010. A Statement of the Case (SOC) was issued in April 2020 and in May 2020, the Appellant perfected the appeal to the Board. In November 2020, the Appellant’s authorized representative submitted a notice withdrawing representation on behalf of the appellant. However, after the agency of original jurisdiction has certified an appeal to the Board, a representative may not withdraw services as a representative in the appeal unless good cause is shown on motion. See 38 C.F.R. § 20.608. As no motion has been submitted showing good cause, the April 2020 notice is not valid, and the Veteran is considered to be represented by the attorney listed on the title page. Withdrawal of Appeal The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn, by the appellant or by his or her authorized representative, 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 (2019) (providing the requirements for withdrawal of a legacy appeal). In the present case, the issues on appeal are entitlement to a higher initial rating and earlier effective date for service-connected coronary artery disease status post percutaneous coronary intervention, higher initial rating and earlier effective date for bilateral hearing loss, entitlement to a 10 percent evaluation based on multiple noncompensable service-connected disabilities, service connection for right knee condition, service connection for left knee condition and service connection for tinnitus. In November 2020, through her authorized representative, the Appellant submitted a “Statement in Support of Claim,” requesting the withdrawal of the Veteran’s pending appeals. This statement constitutes a valid withdrawal of the Veteran’s appeals, as it complied with the requirements of the applicable regulation by including the name of the Veteran, the applicable VA file number and a statement that the appeal was withdrawn. See Hembree v. Wilkie, __ Vet. App. __, No. 18-3865 (Aug. 31, 2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), now 38 C.F.R. § 19.55 (b)). As the Appellant has validly withdrawn the appeal as to the claims, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the claims on appeal, and the appeal is dismissed. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J.K. Donaldson, 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.