Citation Nr: 21012331 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 18-38 616 DATE: March 4, 2021 ORDER The appeal of entitlement to service connection for bilateral pes planus is dismissed. The appeal of entitlement to service connection for obstructive sleep apnea, to include as due to an undiagnosed illness, is dismissed. The appeal of entitlement to service connection for skin cancer, to include a diagnosis of basal cell carcinoma, is dismissed. The appeal of entitlement to service connection for atrial fibrillation is dismissed. The appeal of entitlement to service connection for hypertension is dismissed. FINDING OF FACT In October 2020, prior to the promulgation of a decision by the Board, the Veteran submitted correspondence stating that he wished to withdraw from appellate review his claims of entitlement to service connection for bilateral pes planus, obstructive sleep apnea, skin cancer, atrial fibrillation, and hypertension. CONCLUSION OF LAW The criteria for withdrawal of the appeal have been met; the Board does not have appellate jurisdiction to review the claims of entitlement to service connection for bilateral pes planus, obstructive sleep apnea, skin cancer, atrial fibrillation, and hypertension. 38 U.S.C. §§ 7105(a), 7108; 38 C.F.R. §§ 20.205, 20.1100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Marine Corps from July 1961 to July 1965, and with the U.S. Army National Guard from July 1983 to September 1986 and from December 1990 to June 1991. These matters come to the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision by a Regional Office (RO) of the United States Department of Veterans Affairs (VA). The Board, in a May 2019, in pertinent part, remanded the claims of entitlement to service connection for an acquired psychiatric disorder, peripheral neuropathy of the bilateral lower extremities, bilateral pes planus, left foot bunion, skin cancer, hypertension, a respiratory disability, atrial fibrillation, and obstructive sleep apnea, for further evidentiary development. In a September 2020 rating decision, the RO granted service connection for unspecified trauma and stressor-related disorder, idiopathic peripheral neuropathy affecting the sciatic nerve branches of the right lower extremity, idiopathic peripheral neuropathy affecting the femoral nerve branch of the right lower extremity, idiopathic neuropathy affecting the sciatic nerve branches of the left lower extremity, idiopathic neuropathy affecting the femoral nerve branch of the left lower extremity, chronic obstructive pulmonary disease (COPD), and left foot bunion. Those actions constituted full grants of the benefits sought, and are no longer on appeal. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). In September 2020, a Supplemental Statement of the Case (SSOC) was issued for the issues of entitlement to service connection for bilateral pes planus, skin cancer, hypertension, atrial fibrillation, and obstructive sleep apnea. As such, the matters again are before the Board. D’Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). A substantive appeal may be withdrawn by the Veteran or his representative, in writing, at any time before the Board promulgates a decision. 38 C.F.R. § 20.205(a). In October 2020, the Veteran submitted an Appeals Satisfaction Notice. The Notice indicated that the Veteran was in receipt of recent correspondence regarding the decision to grant one or more of his issues on appeal, and that based on the decision rendered, he was satisfied and wished to withdraw all remaining issues associated with his appeal in his recent SSOC. The Veteran stated that he no longer wanted to pursue the appeals of entitlement to bilateral pes planus, skin cancer, hypertension, atrial fibrillation, and obstructive sleep apnea as contained in his SSOC. The Appeals Satisfaction Notice was co-signed by his accredited representative. Clear intent to withdraw the claims is expressed. A withdrawal is effective when received by the Board. 38 C.F.R. § 20.205(b)(3). Withdrawal does not preclude filing of a new appeal, a request for higher level review, or a supplemental claim. 38 C.F.R. § 20.205(c). As the Veteran has properly withdrawn the appeal prior to a final Board decision, the Board no longer has appellate jurisdiction and can take no further action on these matters. 38 C.F.R. §§ 20.202, 20.204(b), 20.1100(b). WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G.A. Ong, 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.