Citation Nr: 21026172 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 16-08 182 DATE: April 30, 2021 ORDER Entitlement to an initial rating in excess of 10 percent for service-connected residuals of recurrent inversion sprains with peroneal tendon complex dysfunction associated with pes cavus foot construct of the right foot is dismissed. Entitlement to an initial rating in excess of 10 percent for service-connected right knee disorder is dismissed. Entitlement to an initial rating in excess of 20 percent for service-connected left elbow arthropathy with periarticular osteophytes involving olecranon and possible distal humerus with deformity of proximal humeral head is dismissed. Entitlement to an initial rating in excess of 50 percent from July 1, 2012, for service-connected degenerative arthritis of the right hip is dismissed. Entitlement to an initial rating in excess of 30 percent for service-connected degenerative joint disease of the cervical spine is dismissed. Entitlement to an initial rating in excess of 40 percent for service-connected degenerative joint disease of the thoracic spine is dismissed. Entitlement to an initial rating in excess of 10 percent for service-connected residuals of recurrent inversion sprains with peroneal tendon complex dysfunction associated with pes cavus foot construct of the left foot is dismissed. Entitlement to an initial compensable rating for service-connected residual scar of the right hip is dismissed. Entitlement to a rating in excess of 70 percent from October 28, 2019, for service-connected posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI) with history of adjustment disorder with mixed anxiety and depressed mood is dismissed. Entitlement to an initial rating in excess of 50 percent from January 1, 2012 to October 28, 2019, for service-connected adjustment disorder with mixed anxiety and depressed mood is dismissed. Entitlement to an initial rating in excess of 10 percent from January 1, 2012 to October 28, 2019, for service-connected multiple concussions with magnetic resonance imaging evidence to support moderate traumatic brain injury (TBI) with no significant cognitive impairment is dismissed. Entitlement to an initial rating in excess of 10 percent for service-connected left ulnar neuropathy is dismissed. FINDING OF FACT On September 15, 2020 and November 6, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative at the time, that a withdrawal of this appeal was requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served on active duty in the United States Army from August 1984 to July 1985 and from May 1989 to December 2011, to include service in Iraq from December 1990 to May 1991, April 2003 to February 2004, and October 2007 to April 2008, and service in Afghanistan from November 2009 to March 2011. For his meritorious service, the Veteran was awarded (among numerous other decorations) the Legion of Merit, the Bronze Star Medal, the Defense Meritorious Service Medal, the Meritorious Service Medal, the Army Commendation and Achievement Medals, the Southwest Asia Service Medal, and the Combat Infantryman Badge. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a September 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran had requested a videoconference hearing before the Board; the Veteran later cancelled his hearing request. In February 2019, the Board remanded the issues on appeal, except for the issue of entitlement to an increased rating for service-connected residuals of recurrent inversion sprains with peroneal tendon complex dysfunction associated with pes cavus foot construct of the right foot, for further development. The Board notes that the issue of an increased rating for pes cavus construct of the right foot was appealed to the Board at a later date. The issue was then merged with the other issues remaining on appeal. In an August 2020 rating decision, the RO, in pertinent part, granted service connection for PTSD and assigned a 70 percent evaluation effective October 28, 2019. The RO included TBI with the evaluation assigned for PTSD and discontinued the 50 percent evaluation assigned for adjustment disorder with mixed anxiety and depressed mood on the date that service connection for PTSD was granted. Also, in that August 2020 rating decision, the RO increased the rating for right hip degenerative arthritis to 50 percent from July 1, 2012, increased the rating for degenerative joint disease of the thoracic spine to 40 percent from January 1, 2012, increased the rating for degenerative joint disease of the cervical spine to 30 percent from January 1, 2012, and granted service connection for right knee instability with an evaluation of 10 percent from January 1, 2012. The Board recharacterized the issues on appeal to reflect these grants. In a December 2020 correspondence, the Veteran’s attorney informed VA that she was withdrawing from representing the Veteran. The Veteran has not objected to the attorney’s withdrawal of representation. As the private attorney withdrew and the Veteran has not appointed a new attorney, agent, or representative, he is currently unrepresented. WITHDRAWAL 1. Entitlement to an initial rating in excess of 10 percent for service-connected residuals of recurrent inversion sprains with peroneal tendon complex dysfunction associated with pes cavus foot construct of the right foot. 2. Entitlement to an initial rating in excess of 10 percent for service-connected right knee disorder. 3. Entitlement to an initial rating in excess of 20 percent for service-connected left elbow arthropathy with periarticular osteophytes involving olecranon and possible distal humerus with deformity of proximal humeral head. 4. Entitlement to an initial rating in excess of 50 percent from July 1, 2012, for service-connected degenerative arthritis of the right hip. 5. Entitlement to an initial rating in excess of 30 percent for service-connected degenerative joint disease of the cervical spine. 6. Entitlement to an initial rating in excess of 40 percent for service-connected degenerative joint disease of the thoracic spine. 7. Entitlement to an initial rating in excess of 10 percent for service-connected residuals of recurrent inversion sprains with peroneal tendon complex dysfunction associated with pes cavus foot construct of the left foot. 8. Entitlement to an initial compensable rating for service-connected residual scar of the right hip. 9. Entitlement to a rating in excess of 70 percent from October 28, 2019, for service-connected posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI) with history of adjustment disorder with mixed anxiety and depressed mood. 10. Entitlement to an initial rating in excess of 50 percent from January 1, 2012 to October 28, 2019, for service-connected adjustment disorder with mixed anxiety and depressed mood. 11. Entitlement to an initial rating in excess of 10 percent from January 1, 2012 to October 28, 2019, for service-connected multiple concussions with magnetic resonance imaging evidence to support moderate traumatic brain injury (TBI) with no significant cognitive impairment. 12. Entitlement to an initial rating in excess of 10 percent for service-connected left ulnar neuropathy. 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. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the Veteran, through his authorized representative at the time, has withdrawn each issue on appeal in letters of September 2020 and November 2020. These letters contained the Veteran’s full name, his VA file number, and a clear statement that he wished to withdraw each issue listed above. These letters thus meet every element to be considered a valid withdrawal of the appeals before the Board under the legacy appeal system. 38 C.F.R. § 19.55. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. Finally, as noted in the introduction to this decision, the Veteran had a long and distinguished career in the Army, from his time at West Point, in the first Persian Gulf War, to the modern wars in Iraq and Afghanistan. The Board expresses its sincere thanks and gratitude to the Veteran for his lengthy service to this country. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Crawford, 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.