Citation Nr: 21069348 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 16-50 076 DATE: November 18, 2021 ORDER Entitlement to service connection for a lumbosacral spine disability is dismissed. Entitlement to an initial disability rating greater than 30 percent for service-connected headaches is dismissed. Entitlement to a compensable disability rating for service-connected bilateral hearing loss is dismissed. Entitlement to a disability rating greater than 10 percent for service-connected chondromalacia and degenerative joint disease of the right knee is dismissed. Entitlement to a disability rating greater than 10 percent for service-connected chondromalacia and degenerative joint disease of the left knee is dismissed. FINDING OF FACT In a September 14, 2020, statement, the Veteran indicated that he wished to withdraw the entire appeal. CONCLUSION OF LAW The criteria for withdrawal of the entire appeal are met. 38 C.F.R. § 19.55(a)(c). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1977 to August 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from July and October 2012 Rating Decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision by the appellant or by his or her authorized representative.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 must be filed with the Board and include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Appeal withdrawals should be filed with the agency of original jurisdiction (AOJ) until the appellant or representative filing the withdrawal receives notice that the appeal has been transferred to the Board. Thereafter, the withdrawal must be filed with the Board. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. Thereafter, it is not effective until received by the Board. A withdrawal received by the Board after the Board issues a final decision under Rule 1100(a) (§20.1100(a) of this chapter) will not be effective. Id. at (b)(1)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement (NOD) and, if filed, the Substantive Appeal (VA Form 9), as to all issues to which the withdrawal applies. Withdrawal does not preclude filing a new NOD and, after a Statement of the Case is issued, a new VA Form 9, as to any issue withdrawn, provided such filings would be timely under these rules if the appeal withdrawn had never been filed. Id. at (c). In a May 14, 2020, notice, VA informed the Veteran that his requested hearing for these issues was to take place on September 14, 2020, at the Columbia, South Carolina, RO. On September 14, 2020, the Board received from the Veteran a written statement, which read: "I would like to withdrawal all issues and close the appeal that was previously scheduled for Sept. 14, 2020. Thank you for your support!" The statement was signed and dated by the Veteran. The Board finds that the criteria for withdrawal of the entire appeal have been met. The Veteran's statement indicates that he wished to withdrawal "all issues" and "close the appeal." The intake cover sheet lists the Veteran's claims file number, and the statement is signed by the Veteran. Thus, the withdrawal is effective. See id. at (a)(b). As a valid withdrawal, the associated VA Form 9 and NOD have been with withdrawn, depriving the Board of appellate jurisdiction. See id. at (c). Thus, the Board cannot effectuate consideration of this appeal, and it hereby is dismissed. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Trevor T. Bernard, 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.