Citation Nr: 21064155 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 17-33 634 DATE: October 19, 2021 ORDER As the appeal has been withdrawn, the petition to reopen the claim for service connection for a low back disorder, is dismissed. As the appeal has been withdrawn, the petition to reopen the claim for service connection for a left elbow disorder, is dismissed. As the appeal has been withdrawn, the petition to reopen the claim for service connection for a right knee disorder, is dismissed. As the appeal has been withdrawn, the claim for service connection for hypertension, claimed as high blood pressure, is dismissed. As the appeal has been withdrawn, the claim for service connection for a right ankle disorder is dismissed. FINDINGS OF FACT On September 24, 2021, prior to promulgation of a decision in the appeal, written notification was received from the appellant, via his authorized representative, that a withdrawal of her appeal in its entirety was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal by the appellant of the petition to reopen the claim for service connection for a low back disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal by the appellant of the petition to reopen the claim for service connection for a left elbow disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal by the appellant of the petition to reopen the claim for service connection for a right knee disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal by the appellant of the claim for service connection for hypertension, claimed as high blood pressure, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the appeal by the appellant of the claim for service connection for a right ankle disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran initially served in the Oklahoma Army National Guard and subsequently in the Texas Army National Guard. She was called up for active duty from the Texas Army National Guard in support of Operation Enduring Freedom and had active duty in the U. S. Army from January 23, 2003 to February 18, 2004. She had 2 months and 26 days of foreign service. She served in Southwest Asia, in Kuwait, from March 2, 2003 to May 28, 2003. Her decorations include the Army Commendation Medal and the National Defense Service Medal. She had subsequent service in the Army National Guard, and again had active duty for training (ACDUTRA) from October 3, 2011, to January 31, 2012. This matter comes before the Board of Veterans' Appeals from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). By an RO letter of April 10, 2009, the Veteran was informed of an April 6, 2009, rating decision which, in pertinent part, denied service connection for a right knee disorder, a low back condition, and a left elbow condition. The Veteran did not appeal that decision. By letter of May 5, 2014, the Veteran was notified of an April 29, 2014, rating decision which denied reopening of the claims for service connection for left elbow and right knee disorders but reopened the claim for service connection for a low back disorder, finding that a low back disorder pre-existed service and was not aggravated by military service. The Veteran appealed that decision by filing VA Form 21-0958, Notice of Disagreement (NOD) on May 13, 2014. The Veteran was notified by RO letter of September 11, 2014, of a September 6, 2014, rating decision which, in pertinent part, denied service connection for hypertension (claimed as high blood pressure). The Veteran was notified by RO letter of March19, 2015, of a February 23, 2015 rating decision which denied service connection for a right ankle disorder and confirmed and continued the denial of service connection for hypertension. The Veteran was notified by letter of August 5, 2015, of a July 31, 2015 rating decision which reopened the claims for a low back disorder, a left elbow disorder, a right knee disorder, hypertension, and a right ankle disorder, but which denied the claims on the merits. The Veteran appealed that decision by filing VA Form 21-0958, Notice of Disagreement (NOD) on September 8, 2015, as to each of the denials of service connection. Following the issuance of three statements of the case (SOCs) in May 2017, addressing all the issues, the appeals were perfected by filing three VA Form 9s, Appeal to the Board, in June 2017, in each of which a request was made for the opportunity to present testimony at a Board videoconference. Additionally, a January 2019 rating decision granted service connection for posttraumatic stress disorder (PTSD) with secondary symptoms of depression and anxiety, and assigned an initial 30 percent disability rating effective November 20, 2017; which was increased by an August 2019 rating to 50 percent effective July 10, 2019; and increased again to a 100 percent rating effective February 13, 2020, by a March 2020 rating decision, which also granted basic eligibility to Dependents' Educational Assistance. Dismissal 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 agency of original jurisdiction until the appellant filing the withdrawal receives notice that the appeal has been transferred to the Board; thereafter, a withdrawal should be filed at the Board, 38 C.F.R. § 19.55(2). The withdrawal must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1). Generally, 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 agency of original jurisdiction, but after the appeal is transferred to the Board it is effective when received by the Board, if a Board 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, after notification that the appeal had been placed on the Board's docket, the Board received written notification (Statement in Support of Claim) on September 24, 2021, from the Veteran's representative stating that the Veteran had been telephonically contacted on September 15, 2021, prior to a videoconference scheduled for September 17, 2021, and that in light of the grant of a 100 percent schedular rating for PTSD with secondary symptoms of depression and anxiety, the Veteran wished to withdraw all issues on appeal. The September 24, 2021, notification from the Veteran's authorized representative contained the Veteran's name, the signature of the representative, claim number, date, and identified the issues as those addressed in the three statements of the case (SOCs) issued on May 31, 2017 (as stated on the title page hereof). Also, the withdrawal was submitted before a final Board decision was issued. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these matters, and the appeal of these matters is dismissed. C. A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Fussell, 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.