Citation Nr: 21013777 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 11-01 986 DATE: March 10, 2021 ORDER As the appeal has been withdrawn, the claim of entitlement to service for an acquired psychiatric disorder, including but not limited to posttraumatic stress disorder (PTSD) and anxiety disorder, is dismissed. As the appeal has been withdrawn, the claim of entitlement to service for entitlement to service connection for a prostate condition, including but not limited to prostate cancer, to include as due to exposure to herbicide agents, is dismissed. As the appeal has been withdrawn, the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is dismissed. FINDING OF FACT On December 15, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of this appeal was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to service for an acquired psychiatric disorder by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the claim of entitlement to service connection for a prostate condition by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the claim of entitlement to TDIU by the appellant 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 October 1967 to October 1969. This matter comes before the Board of Veterans’ Appeals (Board) from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico. In August 2017, the Board most recently remanded the following claims: (1) Entitlement to service connection for bilateral hearing loss; (2) Entitlement to service connection for an acquired psychiatric disorder; (3) Entitlement to service connection for a prostate condition; (4) Entitlement to a 10 percent rating based upon multiple noncompensable, service-connected disabilities; and (5) Entitlement to TDIU. During remand status, a December 2020 rating decision granted service connection for right ear hearing loss with an evaluation of 0 percent effective November 4, 2009; an evaluation of 0 percent for bilateral hearing loss was assigned from June 7, 2016; an evaluation of 10 percent was assigned from November 12, 2020. That decision also granted service connection for tinnitus with a 10 percent evaluation effective November 4, 2009. This decision represents a full grant of the benefits sought on appeal with regard to those claims and there remains no controversy for the Board to consider as to hearing loss disability. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board). Furthermore, the claim of entitlement to a 10 percent rating based upon multiple noncompensable, service-connected disabilities is rendered moot by the award of the 10 percent rating for tinnitus as this award is for the entire appeal period. 1. Entitlement to service for an acquired psychiatric disorder. 2. Entitlement to service for entitlement to service connection for a prostate condition. 3. Entitlement to TDIU. Issues 1-3: The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 C.F.R. § 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 by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55(a). The withdrawal should be filed with the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. Generally, 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. 38 C.F.R. § 19.55(b)(1). Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55(b)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c). In the present case, the Board received written notification (Appeals Satisfaction Notice) on December 15, 2020, from the appellant that he wished to withdraw all remaining issues contained on his most recent Supplemental Statement of the Case. It is noted that the most recent SSOC, dated in December 2020, included the claims for service connection for psychiatric disorder and prostate condition, and TDIU. Importantly, the notice letter from the appellant included his name, signature, claims file number, and date. There is no ambiguity as to the issues to be withdrawn—it is clearly tailored to those listed in his most recent SSOC. Also, the withdrawal was submitted directly to the Board before a final decision was issued. Hence, there remain no allegations of errors of fact or law for appellate consideration as to the matters of (1) service connection for an acquired psychiatric disorder; (2) service connection for a prostate condition, (3) TDIU. Accordingly, the Board does not have jurisdiction to review these matters, and the appeal of these matters is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Fussell, 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.