Citation Nr: 21022570 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 16-55 800 DATE: April 16, 2021 ORDER A disability rating higher than 30 percent for peripheral neuropathy of the right upper extremity -radial nerve (previously rated as peripheral neuropathy, right upper extremity) is dismissed. A disability rating higher than 10 percent prior to July 28, 2017, and higher than 20 percent thereafter for peripheral neuropathy of the left upper extremity -radial nerve (previously rated as peripheral neuropathy, left upper extremity) is dismissed. A disability rating higher than 10 percent prior to July 28, 2017, and higher than 20 percent thereafter for peripheral neuropathy of the right lower extremity -sciatic nerve is dismissed. A disability rating higher than 10 percent prior to July 28, 2017, and higher than 20 percent thereafter for peripheral neuropathy of the left lower extremity -sciatic nerve (previously rated as peripheral neuropathy of the left lower extremity) is dismissed. Reopening of a claim for service connection for left eye anisometropic amblyopia is dismissed. Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) is dismissed. FINDING OF FACT Prior to promulgation of a decision by the Board, the Veteran withdrew his pending appeals for higher ratings for his service-connected left and right upper and lower extremity peripheral neuropathy, his appeal for service connection for left eye anisometropic amblyopia, and his appeal for TDIU. CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal for a disability rating higher than 30 percent for peripheral neuropathy of the right upper extremity-radial nerve (previously rated as peripheral neuropathy, right upper extremity) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of the appeal for a disability rating higher than 10 percent prior to July 28, 2017, and higher than 20 percent thereafter for peripheral neuropathy of the left upper extremity radial nerve (previously rated as peripheral neuropathy, left upper extremity) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for dismissal of the appeal for a disability rating higher than 10 percent prior to July 28, 2017, and higher than 20 percent thereafter for peripheral neuropathy of the right lower extremity sciatic nerve have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for dismissal of the appeal for a disability rating higher than 10 percent prior to July 28, 2017, and higher than 20 percent thereafter for peripheral neuropathy of the left lower extremity sciatic nerve (previously rated as peripheral neuropathy of the left lower extremity) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for dismissal of the appeal to reopen a claim of service connection for left eye anisometropic amblyopia have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for dismissal of the appeal for TDIU 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 U.S. Army from September 1967 to September 1969. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision issued by a VA Regional Office (RO), that, in pertinent part, continued a 30 percent rating for right upper extremity peripheral neuropathy, and 10 percent ratings for left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy; denied reopening a claim of service connection for left eye anisometropic amblyopia, and denied entitlement to TDIU. In a February 2018 rating decision, the RO, in pertinent part, increased the rating for the left lower extremity, right lower extremity, and left upper extremity peripheral neuropathy disabilities from 10 percent to 20 percent, each, effective July 28, 2017; and continued the 30 percent rating for right upper extremity peripheral neuropathy. Dismissal of Appeals 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. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In correspondence received by VA in July 2020, the Veteran, through his authorized representative, withdrew his pending appeals. The Veteran’s representative specifically stated: “We wish to inform the Board of Veterans’ Appeals that the veteran is withdrawing his request for a hearing and he asks that all issues on appeal are withdrawn.” The representative included a copy of the Veteran’s July 2020 handwritten and signed instruction “to withdraw my issues on appeal.” Additionally, in correspondence received by VA in August 2020, the Veteran reaffirmed that he had withdrawn his appeal, stating: “I requested on July 29, 2020 to my representative, [sic], that my appeals case be withdrawn.” The Board finds that the Veteran’s July and August 2020 correspondence is explicit and unambiguous; and clearly evinces the Veteran’s desire to withdraw his appeal for a higher rating for his service-connected left and right upper and lower extremity peripheral neuropathy, his appeal to reopen a claim of service connection for left eye anisometropic amblyopia, and his appeal for TDIU. As the appeal of these issues has been withdrawn, there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these matters and they are dismissed. 38 U.S.C. § 7105(d); 38 C.F.R. § 19.55. There are no other pending claims for the Board’s review. Shereen M. Marcus Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Childers, 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.