Citation Nr: 21063340 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 17-49 154 DATE: October 14, 2021 ORDER The legacy appeal as to the issue of entitlement to service connection for diabetic peripheral neuropathy of the right upper extremity is dismissed. The legacy appeal as to the issue of entitlement to service connection for diabetic peripheral neuropathy of the left upper extremity is dismissed. The legacy appeal as to the issue of entitlement to an initial rating in excess of 20 percent for diabetic peripheral neuropathy of the right lower extremity is dismissed. The legacy appeal as to the issue of entitlement to an initial rating in excess of 20 percent for diabetic peripheral neuropathy of the left lower extremity is dismissed. The legacy appeal as to the issue of entitlement to an initial rating in excess of 10 percent for unstable angina prior to December 10, 2019 and after April 1, 2020 is dismissed. The legacy appeal as to the issue of entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT In correspondence received in November 2020 and July 2021, the Veteran and his representative requested to withdraw his appeal as to the issues of entitlement to service connection for diabetic peripheral neuropathy of the right upper extremity, entitlement to service connection for diabetic peripheral neuropathy of the left upper extremity, entitlement to an initial rating in excess of 20 percent for diabetic peripheral neuropathy of the right lower extremity, entitlement to an initial rating in excess of 20 percent for diabetic peripheral neuropathy of the left lower extremity, entitlement to an initial rating in excess of 10 percent for unstable angina prior to December 10, 2019 and after April 1, 2020, and entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD). CONCLUSION OF LAW The criteria for withdrawal of a legacy substantive appeal by the Veteran 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 with the United States Air Force from July 1968 to July 1972. This appeal comes before the Board of Veterans' Appeals (Board) from December 2015 and September 2018 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In the December 2015 rating decision, the RO, in pertinent part, granted service connection for diabetic peripheral neuropathy of the lower right extremity and lower left extremity and assigned a 20 percent rating for each extremity effective May 20, 2014; and denied service connection for diabetic peripheral neuropathy of the bilateral upper extremities. The Veteran's notice of disagreement (NOD) was received in July 2016. The RO issued the statement of the case (SOC) in September 2017, and the Veteran's VA Form 9, substantive appeal was received in August 2017. In the September 2018 rating decision, the RO, in pertinent part, granted service connection for unstable angina and assigned a 10 percent rating effective June 13, 2018; and confirmed and continued the 70 percent rating for service-connected PTSD. The Veteran's notice of disagreement (NOD) was received in October 2018. The RO issued the statement of the case (SOC) in January 2020, and the Veteran's VA Form 9, substantive appeal was received in March 2020. In May 2019 correspondence, the Veteran's representative raised the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected peripheral neuropathy of the lower extremities. Thus, an inferred claim for TDIU was raised as part and parcel of his increased rating claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009). In a July 2020 rating decision, the RO granted a temporary total evaluation for service-connected unstable angina from December 10, 2019 to April 1, 2020. In June 2021, during the pendency of the appeal, the RO issued a rating decision which granted a TDIU, effective from May 20, 2014, the date of the associated increased rating claim. In the same decision, the RO also granted Dependents' Educational Assistance effective from May 20, 2014. These all represent full grants of the benefits sought on appeal with respect to those issues. 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 appellant or by his or her authorized representative. Id. In correspondence received in November 2020, the Veteran, through his representative, requested to withdraw the issues of entitlement to an initial rating in excess of 10 percent for unstable angina prior to December 10, 2019 and after April 1, 2020 and entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD). The RO issued a supplemental statement of the case (SSOC) in June 2021 continuing denial of service connection for bilateral upper extremity neuropathy and continuing the Veteran's current 20 percent ratings for diabetic peripheral neuropathy of the right and left lower extremities and returned those matters to the Board. In correspondence received in July 2021, the Veteran, through his representative, requested to withdraw all claims for disability compensation currently before the VA and the Board. The correspondence included an accompanying Appeals Satisfaction Notice, signed by the Veteran, asking for withdrawal of all remaining issues contained in the recent supplemental statement of the case. In addition to those issues listed in the paragraph above, the other issues in appellate status and before the Board at the time of the July 2021 correspondence included entitlement to an initial rating in excess of 10 percent for unstable angina prior to December 10, 2019 and after April 1, 2020, and entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD). As such, the Veteran has withdrawn this appeal and, hence, 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 Modesto, Victor 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.