Citation Nr: 21061742 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-46 460 DATE: October 5, 2021 ORDER As the claim has been withdrawn, the issue of entitlement to compensable rating prior to August 1, 2017, and in excess of 10 percent thereafter for seasonal allergic rhinitis is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for sinus disorder to include sinusitis is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for obstructive sleep apnea (OSA) is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for erectile dysfunction (ED) is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for renal insufficiency is dismissed. As the claim has been withdrawn, the issue of entitlement to compensable rating for migraine headaches prior to June 13, 2019 and in excess of 30 percent thereafter is dismissed. As the claim has been withdrawn, the issue of entitlement to compensable rating for beta thalassemia minor is dismissed. FINDING OF FACT In an August 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran, via his authorized representative, requested a withdrawal of the issues of entitlement to compensable rating prior to August 1, 2017, and in excess of 10 percent thereafter for seasonal allergic rhinitis; entitlement to compensable rating for migraine headaches prior to June 13, 2019 and in excess of 30 percent thereafter; entitlement to compensable rating for beta thalassemia minor; entitlement to service connection for sinusitis; entitlement to service connection for OSA; entitlement to service connection for ED; and entitlement to service connection for renal insufficiency. CONCLUSION OF LAW 1. The criteria for withdrawal of the appeal of entitlement to compensable rating prior to August 1, 2017, and in excess of 10 percent thereafter for seasonal allergic rhinitis by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal of entitlement to service connection for sinusitis by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal of entitlement to service connection for OSA by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal of entitlement to service connection for ED by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the appeal of entitlement to service connection for renal insufficiency by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the appeal of entitlement to compensable rating for migraine headaches prior to June 13, 2019 and in excess of 30 percent thereafter by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the appeal of entitlement to compensable rating for beta thalassemia minor by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1983 to January 2005. This case comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran withdrew his hearing request. See other (August 2021). Withdrawal of Claims 1. Entitlement to compensable rating prior to August 1, 2017, and in excess of 10 percent thereafter for seasonal allergic rhinitis. 2. Entitlement to compensable rating for migraine headaches prior to June 13, 2019 and in excess of 30 percent thereafter. 3. Entitlement to compensable rating for beta thalassemia minor. 4. Entitlement to service connection for sinusitis. 5. Entitlement to service connection for OSA. 6. Entitlement to service connection for ED 7. Entitlement to service connection for renal insufficiency. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 C.F.R. § 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 by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55(a). The withdrawal should be filed with the Board and must include the name of 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). Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55 (b)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55 (c). In the present case, in an August 2021 written statement, received prior to a decision by the Board, the Veteran, via his authorized representative, explicitly withdrew his appeal. See Third Party Correspondence (August 2021). See also, Hembree v. Wilkie, No. 18-3856 (U.S. Vet. App. August 31, 2020). (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received). Specifically, the Veteran, via his authorized representative, stated that he wished to withdraw the following issue: entitlement to increased rating for seasonal allergic rhinitis, migraine headaches and beta thalassemia minor; and entitlement to service connection for sinusitis, OSA, ED and renal insufficiency. The request included the Veteran's name, his social security number, and specified that the appeal was withdrawn. Hence, there remain no allegations of errors of fact or law for appellate consideration. (Continued on the next page) Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. M. Pesin 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.