Citation Nr: 21009495 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 19-30 406 DATE: February 22, 2021 ORDER The appeal with respect to entitlement to a rating in excess of 10 percent for exostosis of the left femur with limited extension of the thigh is dismissed. The appeal with respect to entitlement to a compensable rating for exostosis of the left femur with limited flexion of the thigh is dismissed. FINDING OF FACT By correspondence dated October 15, 2019, prior to the promulgation of an appellate decision, the appellant indicated that he wished to withdraw the present appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant had service in the Army National Guard, to include a period of active duty for training from July to December 1963. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The RO, in pertinent part, granted service connection and a 0 (zero) percent (noncompensable) rating for exostosis of the left femur, effective January 29, 2014. In September 2019, while the present appeal was pending, the RO granted a 10 percent rating for exostosis of the left femur with limited extension of the left thigh, effective January 29, 2014. The RO also found that the appellant was entitled to noncompensable ratings for the left femur based on limited flexion and other impairment of the thigh, effective January 29, 2014. In an October 1, 2019 VA Form 9 (Appeal to Board of Veterans’ Appeals), the appellant indicated that he wanted to continue his appeal only with regard to the ratings assigned for limited extension and flexion. Dismissal The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55. Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn. 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. Id. In the present case, the appellant was previously scheduled for a Board hearing in connection with his appeal. However, the record reflects that prior to the promulgation of a Board decision on the matter, he signed and returned an “Appeals Satisfaction Notice,” dated October 15, 2019, after receiving an October 4, 2019 letter from the RO notifying him that he had been awarded a 10 percent rating for limited extension of the thigh. The correspondence indicated that he was satisfied with that award, that he wished to withdraw all remaining issues on appeal, and included his name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board John Kitlas, 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.