Citation Nr: 21066985 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 17-45 354 DATE: November 3, 2021 ORDER The appeal seeking service connection for a bilateral hearing loss disability is dismissed. The appeal seeking service connection for tinnitus is dismissed. The appeal seeking service connection for rectal prolapse is dismissed. The appeal seeking service connection for a bilateral knee disability is dismissed. The appeal seeking service connection for urinary incontinence and bladder prolapse is dismissed. The appeal seeking an initial disability rating in excess of 10 percent for a cervical spine disability is dismissed. The appeal seeking an initial disability rating in excess of 10 percent for a lumbar spine disability is dismissed. The appeal seeking an initial compensable disability rating for sinusitis status post endoscopic sinus surgery and septoplasty is dismissed. FINDING OF FACT In October 2021, prior to the promulgation of a decision in the appeal, the Veteran, through her representative, requested that the entire appeal be withdrawn. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal seeking service connection for a bilateral hearing loss disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal seeking service connection for tinnitus are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal seeking service connection for rectal prolapse are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal seeking service connection for a bilateral knee disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the appeal seeking service connection for urinary incontinence and bladder prolapse are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the appeal seeking an initial disability rating in excess of 10 percent for a cervical spine disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the appeal seeking an initial disability rating in excess of 10 percent for a lumbar spine disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for withdrawal of the appeal seeking an initial compensable disability rating for sinusitis status post endoscopic sinus surgery and septoplasty are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran, who is the appellant in this case, served on active duty from October 1982 to June 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 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. In Hembree v. Wilkie, the United States Court of Appeals for Veterans Claims held that written withdrawals of an appeal are governed by the applicable regulations instead of DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011) (requiring a withdrawal to be explicit, unambiguous, and done with a full understanding of the consequences). See 33 Vet. App. 1, 7 (2020). The applicable regulation is 38 C.F.R. § 19.55, which requires that the withdrawal include the name of the appellant and the file number, and a statement that the appeal is withdrawn. See 38 C.F.R. § 19.55(b)(1). The Veteran or representative must also specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id. Under 38 C.F.R. § 19.55(c), withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. In an October 2021 Statement in Support of Claim, the Veteran, through her representative, requested to withdraw the appeal in its entirety. The October 2021 Statement in Support of Claim includes the name of the Veteran, the file number, and a statement that the entire appeal is withdrawn. Having satisfied the requirements of 38 C.F.R. § 19.55, the Veteran's entire appeal is deemed to be withdrawn. (Continued on the next page) As the Veteran withdrew her appeal, 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. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. M. Gill, 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.