Citation Nr: 21069052 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 18-39 851 DATE: November 17, 2021 ORDER As the issue of entitlement to a compensable rating prior to April 26, 2018, for low back disability has been withdrawn, the claim is dismissed. As the issue of entitlement to a rating higher than 20 percent from April 26, 2018, for low back disability has been withdrawn, the claim is dismissed. As the issue of entitlement to a compensable rating for left hip disability with limitation of flexion has been withdrawn, the claim is dismissed. As the issue of entitlement to a rating higher than 10 percent for left hip disability with limitation of extension has been withdrawn, the claim is dismissed. FINDING OF FACT On March 19, 2021, prior to the promulgation of a decision in the appeal, the Veteran notified the Board at his hearing that he sought to withdraw his appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a compensable rating prior to April 26, 2018, for low back disability by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a rating higher than 20 percent from April 26, 2018, for low back disability by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of entitlement to a compensable rating for left hip disability with limitation of flexion by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of entitlement to a rating higher than 10 percent for left hip disability with limitation of extension by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from April 1971 to January 1975 in the U.S. Marine Corps and from March 1978 to January 1980 in the U.S. Air Force. This case comes before the Board of Veteran's Appeals (Board) on appeal of a January 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a May 2021 hearing before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. 1. A compensable rating prior to April 26, 2018, for low back disability 2. A rating higher than 20 percent from April 26, 2018, for low back disability 3. A compensable rating for left hip disability with limitation of flexion 4. A rating higher than 10 percent for left hip disability with limitation of extension 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). 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 Board if a 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, the Veteran notified the undersigned Veterans Law Judge at his March 19, 2021, hearing on appeal that he sought to withdraw his appeal of all issues. Pursuant to 38 C.F.R. § 19.55(b)(1), except for appeals withdrawn on the record at a hearing, a withdrawal of an appeal must be in writing and must include the name of the claimant, the claim number, and a statement that the appeal is being withdrawn. The hearing has been transcribed, which complies with the requirements of Section 19.55(b)(1). As the presiding Veterans Law Judge at the hearing held on May 19, 2021, the undersigned finds that the Veteran's request to withdraw his claims was both explicit and unambiguous. He confirmed that this decision was made in consultation with his representative, who was present. He confirmed that he fully understood of the consequences of the withdrawal, which is memorialized in the hearing transcript. See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018) (holding that the withdrawal must be explicit, unambiguous, and done with a full understanding of the consequences of such action by the appellant and the subsequent Board dismissal must include findings as to all three elements). Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, as the Board does not have jurisdiction to review the appeal of these matters, the appeal is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Edwards 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.