Citation Nr: 21068685 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 12-09 700 DATE: November 12, 2021 ORDER Entitlement to a higher initial disability rating for service connected sinusitis in excess of 10 percent prior to October 28, 2020, and in excess of 30 percent from October 28, 2020, having been withdrawn by the Veteran, is dismissed. Entitlement to a higher initial disability rating for service connected allergic rhinitis in excess of 0 percent (noncompensable) prior to October 28, 2020, and in excess of 10 percent from October 28, 2020, having been withdrawn by the Veteran, is dismissed. Entitlement to an initial compensable disability rating for service-connected dyshidrosis of the hands and feet, having been withdrawn by the Veteran, is dismissed. Entitlement to higher initial disability ratings for service connected right elbow lateral epicondylitis on the basis of limitation of flexion (10 percent prior to October 28, 2020 and 50 percent thereafter), and limitation of pronation (30 percent from October 28, 2020), having been withdrawn by the Veteran, are dismissed. FINDING OF FACT On September 24, 2021, prior to the promulgation of a decision in the instant appeal, the Board of Veterans' Appeals (Board) was informed, in writing by the Veteran and representative, that the sinusitis, allergic rhinitis, dyshidrosis, and right elbow rating issues were no longer being pursued on appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of a higher initial disability rating for service connected sinusitis in excess of 10 percent prior to October 28, 2020, and in excess of 30 percent from October 28, 2020, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of a higher initial disability rating for service connected allergic rhinitis in excess of 0 percent (noncompensable) prior to October 28, 2020, and in excess of 10 percent from October 28, 2020, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of an initial compensable disability rating for service-connected dyshidrosis of the hands and feet have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of a higher initial disability rating for service connected right elbow lateral epicondylitis on the basis of limitation of flexion, in excess of 10 percent prior to October 28, 2020, and in excess of 50 percent from October 28, 2020, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the issue of a higher initial disability rating for service connected right elbow lateral epicondylitis on the basis of limitation of pronation, in excess of 30 percent from October 28, 2020, have been 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, had active service from November 1988 to May 1996, from June 2002 to August 2005, and from October 2005 to November 2007. This matter came before the Board on appeal from multiple Department of Veterans Affairs (VA) Regional Office (RO) rating decisions. The instant matter was previously before the Board in January 2018, where the issues on appeal were remanded for additional development. As the Veteran now withdraws all the remaining issues on appeal, no further discussion of remand compliance is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998). There is some question as to whether the issue of entitlement to earlier effective dates for the service-connected disabilities is also on appeal. Nonetheless, the Board need not address the question at this time, as the September 2021 Motion to Withdraw Claims and corresponding Statement in Support of Claim specifically note that any effective date issues are being withdrawn alongside the rating issues on appeal. 1. A Higher Initial Disability Rating for Sinusitis is Withdrawn 2. A Higher Initial Disability Rating for Allergic Rhinitis is Withdrawn 3. A Higher Initial Disability Rating for Dyshidrosis of the Hands and Feet is Withdrawn 4. Higher Initial Disability Ratings for Right Elbow Lateral Epicondylitis (Limitation of Flexion and Pronation) are Withdrawn 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. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. On September 24, 2021, prior to the promulgation of a decision in the instant appeal, the Board was informed, in writing by the Veteran and representative, that the sinusitis, allergic rhinitis, dyshidrosis, and right elbow rating issues were no longer being pursued on appeal (along with any effective date questions, discussed above). As the Veteran has withdrawn the appeal regarding the issues of higher initial disability ratings for sinusitis, allergic rhinitis, dyshidrosis of the hands and feet, and right elbow lateral epicondylitis on the basis of both limitation of flexion and limitation of pronation (and any relevant effective date questions), 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. J. PARKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Blowers, 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.