Citation Nr: 21077307 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 19-13 594 DATE: December 29, 2021 ORDER Entitlement to service connection for gastrointestinal problems is dismissed. Entitlement to service connection for a right hand condition is dismissed. Entitlement to an evaluation in excess of 50 percent for obstructive sleep apnea with insomnia disorder unspecified is dismissed. Entitlement to an evaluation in excess of 20 percent for right shoulder acromioclavicular joint osteoarthritis is dismissed. Entitlement to an evaluation in excess of 10 percent for bilateral pes planus is dismissed. Entitlement to an evaluation in excess of 10 percent prior to July 27, 2021 and in excess of 30 percent thereafter for cervical spine degenerative arthritis is dismissed. Entitlement to an evaluation in excess of 10 percent prior to July 26, 2021 and in excess of 20 percent thereafter for left knee patellofemoral pain syndrome with osteoarthritis is dismissed. Entitlement to an evaluation in excess of 10 percent for right knee patellofemoral pain syndrome with osteoarthritis is dismissed. Entitlement to an evaluation in excess of 10 percent for right lower extremity sciatica is dismissed. Entitlement to an evaluation in excess of 10 percent prior to August 30, 2021 and in excess of 40 percent thereafter for thoracolumbar spine degenerative arthritis is dismissed. Entitlement to a compensable evaluation for acne is dismissed. Entitlement to a compensable evaluation for bilateral cataracts and anisocoria with drusen is dismissed. Entitlement to a compensable evaluation for a circular scar status post left inguinal hernia repair is dismissed. Entitlement to a compensable evaluation for linear scars status post left inguinal hernia repair is dismissed. Entitlement to a compensable evaluation for tension headaches is dismissed. FINDING OF FACT In December 2021 written correspondence, the Veteran's representative explicitly and unambiguously withdrew the Veteran's entire appeal. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to service connection for gastrointestinal problems have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 2. The criteria for dismissal of entitlement to service connection for a right hand condition have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 3. The criteria for dismissal of entitlement to an evaluation in excess of 50 percent for obstructive sleep apnea with insomnia disorder unspecified have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 4. The criteria for dismissal of entitlement to an evaluation in excess of 20 percent for right shoulder acromioclavicular joint osteoarthritis have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 5. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent for bilateral pes planus have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 6. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent prior to July 27, 2021 and in excess of 30 percent thereafter for cervical spine degenerative arthritis have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 7. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent prior to July 26, 2021 and in excess of 20 percent thereafter for left knee patellofemoral pain syndrome with osteoarthritis have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 8. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent for right knee patellofemoral pain syndrome with osteoarthritis have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 9. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent for right lower extremity sciatica have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 10. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent prior to August 30, 2021 and in excess of 40 percent thereafter for thoracolumbar spine degenerative arthritis have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 11. The criteria for dismissal of entitlement to a compensable evaluation for acne have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 12. The criteria for dismissal of entitlement to a compensable evaluation for bilateral cataracts and anisocoria with drusen have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 13. The criteria for dismissal of entitlement to a compensable evaluation for a circular scar status post left inguinal hernia repair have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 14. The criteria for dismissal of entitlement to a compensable evaluation for linear scars status post left inguinal hernia repair have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). 15. The criteria for dismissal of entitlement to a compensable evaluation for tension headaches have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2018); 38 C.F.R. §§ 19.22, 19.55 (2021). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from April 2010 to June 2018. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision by the Department of Veterans Affairs (VA). During the pendency of the appeal, the Agency of Original Jurisdiction (AOJ) granted increased ratings for the Veteran's thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, and left knee patellofemoral pain syndrome with osteoarthritis. See November 2021 rating decision. The Board has recharacterized the issues accordingly. All issues. 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 can be by the Veteran or by his representative. Id. In a December 2021 written statement, the Veteran's representative explicitly and unambiguously withdrew the Veteran's entire appeal. The Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to the issues on appeal. Accordingly, as the Board has no further jurisdiction to review an appeal, all issues are dismissed. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Sandler, 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.