Citation Nr: 21061817 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 16-38 867 DATE: October 5, 2021 ORDER Entitlement to a compensable disability rating for the service-connected right hip degenerative joint disease (DJD) with limitation of flexion of the right thigh is dismissed. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), prior to November 9, 2018, is dismissed. FINDING OF FACT In a May 2021 Appeals Satisfaction Notice, the Veteran expressed satisfaction with a rating decision dated earlier that month and requested to withdraw his appeal for a compensable rating for the service-connected right hip degenerative joint disease with limitation of flexion of the right thigh and for a TDIU prior to November 9, 2018. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a compensable rating for the service-connected right hip DJD with limitation of flexion of the right thigh have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.205. 2. The criteria for withdrawal of the issue of entitlement to a TDIU, prior to November 9, 2018, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from September 1971 to September 1974. This matter was previously remanded by the Board of Veterans' Appeals (Board) in December 2019 for further evidentiary development. By way of procedural history, the Veteran was initially in receipt of a noncompensable rating for his service-connected right hip DJD with limitation of flexion of the right thigh. Then in an October 2020 rating decision, the Regional Office (RO) increased the evaluation from noncompensable to 10 percent, effective January 16, 2020. However, the RO determined, in a May 2021 rating decision, that clear and unmistakable error was found in the October 2020 decision, to the extent that it granted a 10 percent disability rating for the right hip disability from January 16, 2020 and reduced the evaluation from 10 percent to 0 percent, effective August 28, 2020. The Veteran did not appeal the May 2021 rating decision. Therefore, the matter of the propriety of the rating reduction is not before the Board. See Dofflemyer v. Derwinski, 2 Vet. App. 277, 279-80 (1992) (disability rating issues are separate from reduction issues). Moreover, the same rating decision that reduced the evaluation from 10 percent to a noncompensable level also awarded a TDIU from November 9, 2018. Accordingly, the issues on appeal are correctly stated as is listed on the title page of this decision. Increased Rating Right Hip DJD With Limitation of Flexion TDIU 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. Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.205. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In a May 2021 Appeals Satisfaction Notice, the Veteran stated that he had received the recent notice regarding the rating decision dated earlier that month that reduced the rating for the limitation of flexion of his right thigh but which also granted a TDIU, that he is satisfied with that determination, and that he wishes to withdraw his appeal. Significantly, the Veteran specifically expressed his desire to withdraw all the remaining issues contained in the recently received Supplemental Statement of the Case (SSOC). See May 2021 Correspondence (Appeals Satisfaction Notice). The Board acknowledges the additional argument provided by the Veteran's representative in the August 2021 written appellate brief, received after the Appeals Satisfaction Notice. Significantly, this statement from the representative fails to address the Veteran's signed May 2021 Appeals Satisfaction notice. In any event, and according to 38 C.F.R. § 20.205(b)(3), a veteran's withdrawal is effective upon the date of its receipt. Thus, the Board finds that, in this appeal, the language used in the May 2021 Appeals Satisfaction Notice is clear and unambiguous and is indicative of an informed and purposeful decision. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011). Accordingly, the Board finds that the Veteran has knowingly withdrew the issues on appeal and that the Board, therefore, no longer has jurisdiction to review such issues. There remains no allegation of errors of fact or law for appellate consideration. Accordingly, the appeal is dismissed. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. R. Bobb, 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.