Citation Nr: 21061822 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 16-17 838 DATE: October 5, 2021 ORDER As the claim for entitlement to service connection for arthritis, other than left knee, has been withdrawn, the appeal as to this issue is dismissed. As the claim for entitlement to service connection for a right ankle condition has been withdrawn, the appeal as to this issue is dismissed. FINDING OF FACT In August 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran and his attorney that the Veteran wished to withdraw his pending appeal for the issues of entitlement to service connection for arthritis, other than left knee, and entitlement to service connection for a right ankle condition. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for arthritis, other than left knee by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to service connection for a right ankle condition by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from July 1980 to July 1983 and from February 1985 to June 1989. This case is before the Board of Veterans' Appeals (Board) on appeal from a May 2014 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. In that rating decision, the RO denied, inter alia, entitlement to service connection for degenerative arthritis, right ankle condition with pain and swelling, and left ankle condition with pain and swelling. The Veteran's notice of disagreement was received in August 2014. The RO issued a statement of the case in April 2016 as to the issue of entitlement to service connection for right ankle condition and then issued another statement of the case in July 2016 as to the issue of entitlement to service connection for arthritis. The Veteran's VA Form 9, substantive appeals to the Board, were received in April 2016 and September 2016, respectively. In October 2019 the Board remanded the case to the RO for further development and adjudicative action. Included in that remand was the issue of service connection for a left ankle condition because the Veteran had filed a timely notice of disagreement following the RO's denial of service connection. Accordingly, the RO was directed to issue a statement of the case pursuant to Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The RO issued a statement of the case in April 2020 as to the issue of entitlement to service connection for left ankle condition with pain and swelling. The Veteran did not file a VA Form 9, substantive appeal to the Board, as to such issue. Therefore, the issue is not currently on appeal or before the Board at this time. Withdrawn Claims 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 Veteran or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the Veteran and his attorney submitted a written statement in August 2021 stating that the Veteran wished to withdraw the pending appeal for the issues of entitlement to service connection for arthritis, other than left knee, and entitlement to service connection for a right ankle condition. The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Therefore, the Veteran has withdrawn this appeal and there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Ardalan, 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.