Citation Nr: 21075180
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 19-10 863
DATE: December 17, 2021

ORDER

The appeal regarding entitlement to service connection for rhinitis is dismissed.

The appeal regarding entitlement to service connection for left foot strain is dismissed.

The appeal regarding entitlement to service connection for left foot numbness is dismissed.

The appeal regarding entitlement to an increased rating greater than 70 percent for posttraumatic stress disorder (PTSD) with traumatic brain injury (TBI) is dismissed.

The appeal regarding entitlement to an increased rating greater than 30 percent for migraine headaches is dismissed.

The appeal regarding entitlement to an increased rating greater than 30 percent prior to May 1, 2019 and 10 percent thereafter for painful left shoulder and left foot scars is dismissed.

The appeal regarding entitlement to a compensable rating for left and right shoulder surgical scars is dismissed.

The appeal regarding entitlement to a compensable rating for residual left foot surgical scar from heloma durum/cyst removal is dismissed.

The appeal regarding entitlement to a compensable rating for pseudofolliculitis barbae is dismissed.

The appeal regarding entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

At the August 2021 Board of Veterans' Appeals (Board) hearing, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw all remaining claims and appeals currently pending before the Board.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1998 to August 2014.  He appeals November 2014 and April 2019 rating decisions by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).  A Board hearing was held in August 2021.  A transcript is of record.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  For a valid withdrawal of an appeal to the Board, a veteran must submit the withdrawal with the Board and include his name, file number, and a statement that the appeal is withdrawn.  See 38 C.F.R. § 3.2500(d); 38 C.F.R. § 19.55.  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.

At the August 2021 Board hearing, the Veteran explicitly and unambiguously withdrew his appeal(s) in accordance with the requirements of 38 C.F.R. § 19.55.  Hence, there remain no allegations of error of fact or law for appellate consideration with respect to these claims.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.  See 38 U.S.C. § 7105, 38 C.F.R. § 19.55. 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Bona, 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.