Citation Nr: 21062325 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 16-37 272 DATE: October 7, 2021 ORDER Entitlement to a rating in excess of 40 percent for herniated nucleus pulposus (HNP) of the lumbar spine with degenerative joint disease (DJD) and intervertebral disc syndrome (IVDS) is dismissed. Entitlement to a rating in excess of 10 percent for right ankle sprain with DJD is dismissed. Entitlement to a rating in excess of 10 percent for status post left ankle reconstruction with DJD is dismissed. Entitlement to an initial rating in excess of 20 percent for right shoulder degenerative arthritis with rotator cuff tear and acromioclavicular joint osteoarthritis is dismissed. FINDINGS OF FACT 1. Prior to the promulgation of a final decision by the Board, the Veteran submitted a statement indicating that he wished to withdraw his claim of entitlement to a rating in excess of 40 percent for HNP of the lumbar spine with DJD and IVDS. 2. Prior to the promulgation of a final decision by the Board, the Veteran submitted a statement indicating that he wished to withdraw his claim of entitlement to a rating in excess of 10 percent for right ankle sprain with DJD. 3. Prior to the promulgation of a final decision by the Board, the Veteran submitted a statement indicating that he wished to withdraw his claim of entitlement to a rating in excess of 10 percent for status post left ankle reconstruction with DJD. 4. Prior to the promulgation of a final decision by the Board, the Veteran submitted a statement indicating that he wished to withdraw his claim of entitlement to an initial rating in excess of 20 percent for right shoulder degenerative arthritis with rotator cuff tear and acromioclavicular joint osteoarthritis. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a Substantive Appeal for the claim for an increased rating for HNP of the lumbar spine with DJD and IVDS by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of a Substantive Appeal for the claim for an increased rating for right ankle sprain with DJD by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of a Substantive Appeal for the claim for an increased rating for status post left ankle reconstruction with DJD by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of a Substantive Appeal for the claim for an increased initial rating for right shoulder degenerative arthritis with rotator cuff tear and acromioclavicular joint osteoarthritis by the Veteran have been met and the appeal is withdrawn. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from August 1980 to August 2001. Withdrawn Issues 1. Entitlement to a rating in excess of 40 percent for HNP of the lumbar spine with DJD and IVDS 2. Entitlement to a rating in excess of 10 percent for right ankle sprain with DJD 3. Entitlement to a rating in excess of 10 percent for status post left ankle reconstruction with DJD 4. Entitlement to an initial rating in excess of 20 percent for right shoulder degenerative arthritis with rotator cuff tear and acromioclavicular joint osteoarthritis Issues 1-4: A notice of disagreement and substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his authorized representative. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation. They must include the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 19.55; see Hembree v. Wilkie, 33 Vet. App. 1, 6 (2020). In a March 2021 correspondence, which included the Veteran's name and claims file number, the Veteran notified VA that he wished to withdraw all pending appeals. Based on the foregoing, the Board finds that the March 2021 written correspondence, indicating the Veteran's intention to withdraw his appeals, satisfies the requirements for the withdrawal of a notice of disagreement and substantive appeal as to the claims for increased ratings for the lumbar spine, right ankle, left ankle, and right shoulder. See Hembree, 33 Vet. App. at 6. The withdrawals were effective immediately upon receipt by VA. 38 C.F.R. § 19.55. Given that these withdrawals were effective upon receipt by VA, the Board finds that the Veteran has withdrawn his appeals and there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals and the lumbar spine, right ankle, left ankle, and right shoulder claims are dismissed. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Moore, 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.