Citation Nr: 21076018 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 18-44 803 DATE: December 22, 2021 ORDER Entitlement to an effective date prior to September 23, 1997 for the Veteran's service-connected left knee disorder manifested by meniscal involvement and degenerative changes is dismissed. Entitlement to an effective date prior to September 23, 1997 for the Veteran's service-connected left hip calcific trochanteric bursitis is dismissed. Entitlement to an effective date prior to September 23, 1997 for the Veteran's service-connected right foot pes planus is dismissed. Entitlement to a rating in excess of 10 percent for the Veteran's right foot pes planus prior to February 2, 2013 and a rating in excess of 20 percent thereafter is dismissed. FINDING OF FACT On October 28, 2021, prior to the promulgation of a decision in the appeal, the Board received a written statement from the Veteran indicating that he was "happy" with his rating, and that he wished to withdraw his pending appeal to the Board. CONCLUSION OF LAW The criteria for withdrawal of an appeal have been met. See 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably in the United States Air Force from November 1965 to October 1969. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. Appeal withdrawals must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 19.55. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. On October 28, 2021, the VA received written correspondence (VA Form 21-4138) that the Veteran was requesting to withdrawal the appeal in its entirety as he was satisfied and did not want further action to be taken regarding his claims. He also requested that his hearing scheduled for December be canceled. The October 2021 VA form 21-4138 also included the Veteran's name and a VA file number. The substance of the statement meets the requirements under 38 C.F.R. §§ 19.55 (b)(1). The Board notes that the October 2021 withdrawal statement contains a typographical error with respect to the claims file number. However, in a December 2021 27-0820 (Report of General Information), which includes the correct claims file number, the Veteran is noted to have contacted the AOJ and repeated his desire to withdraw his appeal. A direct reference was made to the October 28, 2021 21-4138. Taken as a whole, the two statements from the Veteran meet the requirements of 19.55. The Veteran has withdrawn this appeal and done so under in manner set out under 38 C.F.R. § 19.55. 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. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Smith, 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.