Citation Nr: 21005366 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 18-36 912 DATE: February 1, 2021 ORDER Entitlement to service connection for bilateral hearing loss is dismissed. Entitlement to service connection for throat neck tumor is dismissed. Entitlement to service connection for uterine fibroids is dismissed. Whether new and material evidence has been submitted to reopen the claim for service connection for anemia is dismissed. Whether new and material evidence has been submitted to reopen the claim for service connection for breast leakage is dismissed. Whether new and material evidence has been submitted to reopen the claim for service connection for tinnitus. Whether new and material evidence has been submitted to reopen the claim for service connection for post-traumatic stress disorder (PTSD). Whether new and material evidence has been submitted to reopen the claim for service connection for pulmonary embolism is dismissed. Whether new and material evidence has been submitted to reopen the claim for service connection for brain tumor is dismissed. Entitlement to service connection for an eye disability is dismissed. Whether new and material evidence has been submitted to reopen the claim for service connection for hysterectomy is dismissed. Entitlement to a rating in excess of 10 percent for patellofemoral dysfunction in right knee is dismissed. FINDING OF FACT On December 11, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of her appeal regarding her claims for service connection or to reopen claims for bilateral hearing loss, throat neck tumor, uterine fibroids, anemia, breast leakage, tinnitus, PTSD, pulmonary embolism, brain tumor eye disability, hysterectomy, and increased rating claim for patellofemoral dysfunction in right knee was requested. CONCLUSION OF LAW The criteria for withdrawal of the appeal for her claims for service connection or to reopen claims for bilateral hearing loss, throat neck tumor, uterine fibroids, anemia, breast leakage, tinnitus, PTSD, pulmonary embolism, brain tumor eye disability, hysterectomy, and increased rating claim for patellofemoral dysfunction in right knee by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.  REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1978 to September 1988. This appeal stems from a February 2016 Rating Decision which denied the above-cited claims. The Veteran filed a Notice of Disagreement (NOD) in October 2016 with respect to these claims. In her substantive appeal filed in July 2018, the Veteran requested a Travel Board of Veterans Appeals (Board) Hearing. See VA Form 9. The Veteran called the VA twice in July 2020 opting for a Virtual Board Hearing, and second to withdraw her Virtual Board hearing request. See July 2020 VA Forms 21-0820 dated July 13, 2020 and July 27, 2020. As such, the Veteran’s Board hearing request is considered withdrawn. The Veteran appointed AMVETS with the submission of a new VA Form 21-22 in December 2020. Dismissal 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. § 20.205.  An appeal withdrawal is effective when received by the Board. 38 C.F.R. § 20.205(b)(3).  Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.205.  A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision.  Id.  On December 11, 2020, the Veteran submitted a statement in support of claim. See December 2020 VA Form 21-4138. The Veteran stated that she “is withdrawing all Appeals and Notice of Disagreements filed with the Department of Veteran[s] Affairs.” Id. A written withdrawal must include the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. See 38 C.F.R. § 20.205; Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677, *12 (August 31, 2020). In the present case, the Veteran submitted a statement which included the Veteran’s name, the Veteran’s claim number, and stated that she “is withdrawing all Appeals and Notice of Disagreements filed with the Department of Veteran[s] Affairs.” See December 2020 VA Form 21-4138. As noted above, the Veteran filed an NOD in October 2016 and her appeal in July 2018. Her statement withdrawing all appeals and NODs encompasses the October 2016 NOD and July 2018 VA Form 9. Importantly, the withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 20.205 (b)(3).  Therefore, the Veteran has withdrawn her appeal pertaining to her claims for service connection and/or to reopen claims for bilateral hearing loss, throat neck tumor, uterine fibroids, anemia, breast leakage, tinnitus, PTSD, pulmonary embolism, brain tumor eye disability, hysterectomy, and increased rating claim for patellofemoral dysfunction in right knee, hence, 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.  YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Lilly, Associate Attorney 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.