Citation Nr: 21069935 Decision Date: 11/22/21 Archive Date: 11/22/21 DOCKET NO. 16-27 331 DATE: November 22, 2021 ORDER 1. Entitlement to an initial rating in excess of 10 percent for left lower extremity sciatic radiculopathy has been withdrawn and is dismissed. 2. Entitlement to an initial rating in excess of 10 percent for right lower extremity sciatic radiculopathy has been withdrawn and is dismissed. 3. Entitlement to an initial rating in excess of 10 percent for a scar of the neck, status-post cervical spine surgery, has been withdrawn and is dismissed. 4. Entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine has been withdrawn and is dismissed. 5. Entitlement to a rating in excess of 20 percent for degenerative disc disease of the cervical spine has been withdrawn and is dismissed. 6. Entitlement to a rating in excess of 10 percent for left knee patellofemoral syndrome with media tibia stress syndrome has been withdrawn and is dismissed. 7. Entitlement to a rating in excess of 10 percent for right knee patellofemoral syndrome with media tibia stress syndrome has been withdrawn and is dismissed. 8. Entitlement to a compensable rating for hemorrhoids has been withdrawn and is dismissed. 9. Entitlement to a compensable rating for pseudofolliculitis barbae has been withdrawn and is dismissed. 10. Entitlement to a rating in excess of 10 percent for migraine headaches prior to February 11, 2015 and a noncompensable rating thereafter has been withdrawn and is dismissed. 11. Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) has been withdrawn and is dismissed. 12. Entitlement to an effective date prior to October 2, 2008 for the grant of service connection for left lower extremity sciatic radiculopathy has been withdrawn and is dismissed. 13. Entitlement to an effective date prior to October 2, 2008 for the grant of service connection of right lower extremity sciatic radiculopathy has been withdrawn and is dismissed. 14. Entitlement to an effective date prior to August 26, 2012 for a total disability rating based on individual unemployability (TDIU) has been withdrawn and is dismissed. 15. Entitlement to an effective date prior to August 26, 2012 for dependents' education assistance (DEA) has been withdrawn and is dismissed. FINDINGS OF FACT 1. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an initial rating in excess of 10 percent for left lower extremity sciatic radiculopathy. The phone call was memorialized in a written document. 2. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an initial rating in excess of 10 percent for right lower extremity sciatic radiculopathy. The phone call was memorialized in a written document. 3. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an initial rating in excess of 10 percent for a scar of the neck, status-post cervical spine surgery. The phone call was memorialized in a written document. 4. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine. The phone call was memorialized in a written document. 5. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 20 percent for degenerative disc disease of the cervical spine. The phone call was memorialized in a written document. 6. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 10 percent for left knee patellofemoral syndrome with media tibia stress syndrome. The phone call was memorialized in a written document. 7. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 10 percent for right knee patellofemoral syndrome with media tibia stress syndrome. The phone call was memorialized in a written document. 8. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a compensable rating for hemorrhoids. The phone call was memorialized in a written document. 9. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a compensable rating for pseudofolliculitis barbae. The phone call was memorialized in a written document. 10. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 10 percent for migraine headaches prior to February 11, 2015 and a noncompensable rating thereafter. The phone call was memorialized in a written document. 11. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 70 percent for PTSD. The phone call was memorialized in a written document. 12. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an effective date prior to October 2, 2008 for the grant of service connection for left lower extremity sciatic radiculopathy. The phone call was memorialized in a written document. 13. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an effective date prior to October 2, 2008 for the grant of service connection of right lower extremity sciatic radiculopathy. The phone call was memorialized in a written document. 14. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an effective date prior to August 26, 2012 for TDIU. The phone call was memorialized in a written document. 15. In a July 2016 phone call to VA, the Veteran explicitly and unambiguously expressed his intent to withdraw his appeal in connection with his claim for entitlement to an effective date prior to August 26, 2012 for DEA. The phone call was memorialized in a written document. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to an initial rating in excess of 10 percent for left lower extremity sciatic radiculopathy by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 2. The criteria for withdrawal of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatic radiculopathy by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 3. The criteria for withdrawal of entitlement to an initial rating in excess of 10 percent for a scar of the neck, status-post cervical spine surgery, by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 4. The criteria for withdrawal of entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 5. The criteria for withdrawal of entitlement to a rating in excess of 20 percent for degenerative disc disease of the cervical spine by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 6. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for left knee patellofemoral syndrome with media tibia stress syndrome by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 7. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for right knee patellofemoral syndrome with media tibia stress syndrome by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 8. The criteria for withdrawal of entitlement to a compensable rating for hemorrhoids by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 9. The criteria for withdrawal of entitlement to a compensable rating for pseudofolliculitis barbae by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 10. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for migraine headaches prior to February 11, 2015 and a noncompensable rating thereafter by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 11. The criteria for withdrawal of entitlement to a rating in excess of 70 percent for PTSD by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 12. The criteria for withdrawal of entitlement to an effective date prior to October 2, 2008 for the grant of service connection for left lower extremity sciatic radiculopathy by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 13. The criteria for withdrawal of entitlement to an effective date prior to October 2, 2008 for the grant of service connection of right lower extremity sciatic radiculopathy by the appellant have been met. 38 U.S.C. § 7105(2012); 38 C.F.R. § 19.55 (2020). 14. The criteria for withdrawal of entitlement to an effective date prior to August 26, 2012 for a total disability rating based on individual unemployability (TDIU) by the appellant have been met. 38 U.S.C. § 7105(2012); 38 C.F.R. § 19.55. 15. The criteria for withdrawal of entitlement to an effective date prior to August 26, 2012 for DEA by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1994 to June 1999, from March to December 2003, and from January to December 2005. 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 (2012). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In July 2016, the claims file documents that the Veteran explicitly, unambiguously, and with a full understanding of the consequences, withdrew the aforementioned issues in a phone call to VA. The Veteran clearly stated that he requested to withdraw all of his appeals and that he was "ok" with his current benefits. The phone call was memorialized in a written document. The phone call occurred after an April 2016 rating decision, which granted TDIU as of August 26, 2012, which was the day after the Veteran documented he last worked on the TDIU application. The Veteran has not continued to participate in the appellate process since the July 2016 phone call. The Veteran was scheduled for a hearing before the Board in August 2021. He did not appear for the hearing. His hearing request is deemed withdrawn. Thus, the Board finds that the Veteran effectively withdrew the aforementioned claims, and the Board does not have jurisdiction to review these claims. The claims are dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Keninger, 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.