Citation Nr: 21011544 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 15-23 174A DATE: March 2, 2021 ORDER Entitlement to an increased disability rating in excess of 10 percent prior to November 15, 2019, and in excess of 20 percent thereafter, for cervical spine degenerative disc disease has been withdrawn and is dismissed. Entitlement to an increased disability rating in excess of 10 percent for left knee osteoarthritis has been withdrawn and is dismissed. FINDING OF FACT On September 10, 2020, prior to the promulgation of a decision in this appeal, the Board received notification from the Veteran that it was his voluntary, knowing, and unambiguous decision to withdraw his appeal in its entirety. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to an increased disability rating in excess of 10 percent prior to November 15, 2019, and in excess of 20 percent thereafter, for cervical spine degenerative disc disease have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to an increased disability rating in excess of 10 percent osteoarthritis of the left knee have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Army from June 1977 until June 1980, and again from February 1981 until his honorable retirement in October 2008. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2010 rating decision by the Baltimore, Maryland, Regional Office (RO) of the United States Department of Veterans Affairs (VA), which continued a 10 percent disability rating for the Veteran’s service-connected cervical spine degenerative disc disease (DDD) and granted an increased disability rating for his service-connected left knee osteoarthritis, effective August 12, 2009. In a September 2020 correspondence, the Veteran submitted a signed and dated “Appeals Satisfaction Notice” form that included the following language: I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal. A Veteran may withdraw an appeal as to any or all issues. 38 C.F.R. § 19.55(a) (effective February 19, 2019). Appeal withdrawals must include: (1) the name of the veteran, (2) the applicable Department of Veterans Affairs file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1). 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. Withdrawal of an appeal is only effective where the withdrawal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Following a certification of an appeal to the Board, a withdrawal is effective when received by the Board. 38 C.F.R. § 19.55(b)(3). “Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies.” 38 C.F.R. § 19.55(c). The Veteran’s notice of withdrawal contains his printed and signed name, his VA file number, is dated, and unambiguously states that it was his voluntary and knowing decision to withdraw all claims from appeal contained within in his recent July 2020 SSOC. The Board is satisfied that the Veteran has voluntarily, knowingly, and unambiguously withdrawn his appeal in its entirety as of September 10, 2020. Accordingly, the appeal is dismissed. L.M. YASUI Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. F. Sawka, 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.