Citation Nr: 21061292 Decision Date: 10/01/21 Archive Date: 10/01/21 DOCKET NO. 17-15 201 DATE: October 1, 2021 ORDER Entitlement to service connection for left eye disability, to include scar, is dismissed. Entitlement to service connection for right carpal tunnel syndrome is dismissed. Entitlement to service connection for bilateral knee disability is dismissed. Entitlement to service connection for left elbow disability is dismissed. Entitlement to service connection for left hand disability is dismissed. Entitlement to service connection for left neck disability is dismissed. Entitlement to service connection for left shoulder disability is dismissed. Entitlement to service connection for nodules on lungs is dismissed. Entitlement to service connection for right foot disability (also claimed as plantar fasciitis) is dismissed. Entitlement to service connection for right hip disability is dismissed. Entitlement to service connection for congestive heart failure is dismissed. Entitlement to service connection for diabetes is dismissed. Entitlement to service connection for sinusitis is dismissed. Entitlement to service connection for left wrist disability is dismissed. Entitlement to service connection for residuals of poliomyelitis right leg with atrophy, as secondary to service-connected residual osteoarthritis of the right ankle, is dismissed. Entitlement to an initial rating higher than 10 percent for allergic rhinitis is dismissed. Entitlement to a higher initial rating for posttraumatic stress disorder (PTSD), rated 50 percent disabling prior to April 15, 2017 and 70 percent disabling since that date, is dismissed. Entitlement to a rating in excess of 10 percent for residual osteoarthritis of the right ankle is dismissed. FINDING OF FACT In October and November 2019, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issues of entitlement to service connection for left eye disability (to include scar), right carpal tunnel syndrome, bilateral knee disability, left elbow disability, left hand disability, left neck disability, left shoulder disability, nodules on lungs, right foot disability (also claimed as plantar fasciitis), right hip disability, congestive heart failure, diabetes, sinusitis, left wrist disability, and residuals of poliomyelitis right leg with atrophy (as secondary to service-connected residual osteoarthritis of the right ankle), entitlement to higher initial ratings for allergic rhinitis and PTSD, and entitlement to an increased rating for residual osteoarthritis of the right ankle. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105 (d); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1964 to September 1966 and from November 1973 to September 1979. His awards include the Army Commendation Medal. These matters come before the Board of Veterans' Appeals (Board) from October 2013 and June 2015 rating decisions. In October 2019, a Decision Review Officer (DRO) assigned a 70 percent rating for PTSD and awarded a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, both from April 15, 2017. The Veteran requested a hearing before a DRO on several occasions. He withdrew his hearing requests in April 2017, July 2018, and October 2019 (see statements from the Veteran's representative dated in April 2017, July 2018, and October 2019). An informal hearing conference with a DRO was conducted in October 2019 and a report of that conference has been associated with the Veteran's claims file. Withdrawal of Appeal The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105 (d). 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. Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs 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. Id. In the present case, the Veteran's representative submitted a signed written statement in October 2019 in which it was indicated that the Veteran would be "satisfied with all pending appeals" with an award of a 70 percent rating for his service-connected psychiatric disability and an award of a TDIU. As noted above, a DRO awarded a 70 percent rating for PTSD and a TDIU, both from April 15, 2017, in the October 2019 decision. The Veteran's representative submitted a second signed written statement in October 2019, in which she indicated that with the award of a 70 percent rating for the service-connected psychiatric disability and the award of a TDIU, both from April 15, 2017, the Veteran was "satisfied with this action and would like to withdraw all other issues on appeal." Moreover, the Veteran's representative submitted another signed written statement in November 2019 in which she indicated that the Veteran wished to withdraw the issues appeal. The October and November 2019 statements, taken together, constitute a valid withdrawal of the appeal, with respect to the issues of entitlement to service connection for left eye disability (to include scar), right carpal tunnel syndrome, bilateral knee disability, left elbow disability, left hand disability, left neck disability, left shoulder disability, nodules on lungs, right foot disability (also claimed as plantar fasciitis), right hip disability, congestive heart failure, diabetes, sinusitis, left wrist disability, and residuals of poliomyelitis right leg with atrophy (as secondary to service-connected residual osteoarthritis of the right ankle), entitlement to higher initial ratings for allergic rhinitis and PTSD, and entitlement to an increased rating for residual osteoarthritis of the right ankle. Specifically, the statements comply with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and statements that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (when an appellant seeks to withdraw an appeal in writing, the provisions of 38 C.F.R. § 19.55 (formerly 38 C.F.R. § 20.204 ) govern whether the withdrawal is effective); 38 C.F.R. § 19.55. As the Veteran has withdrawn the appeal as to the issues on appeal, there remains no specific determination with which the claimant disagrees. Accordingly, the Board does not have jurisdiction to review the issues on appeal, and the appeal is dismissed. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Elwood, 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.