Citation Nr: 21027134 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 15-39 272 DATE: May 4, 2021 ORDER The claim of service connection for osteoporosis is dismissed. The claim for an initial compensable rating from September 29, 2012 to February 3, 2013 and an increased rating higher than 100 percent from February 4, 2013 and continuing thereafter for systemic lupus erythematosus is dismissed. The claim for an initial rating higher than 10 percent from September 29, 2012 to September 15, 2020 for left hip fracture status-post closed reduction and fixation of a nondisplaced femoral neck stress fracture is dismissed. The claim for an initial compensable rating from September 29, 2012 to September 15, 2020 and an increased rating higher than 50 percent from September 16, 2020 and continuing thereafter for sinusitis with nasal polyposis is dismissed. FINDING OF FACT In December 2020, the Veteran notified the Board that she wished to withdraw the claim of service connection for osteoporosis; an initial compensable rating from September 29, 2012 to February 3, 2013 and an increased rating higher than 100 percent from February 4, 2013 and continuing thereafter for systemic lupus erythematosus; an initial rating higher than 10 percent from September 29, 2012 to September 15, 2020 for left hip fracture; and an initial compensable rating from September 29, 2012 to September 15, 2020 and an increased rating higher than 50 percent from September 16, 2020 and continuing thereafter for sinusitis. CONCLUSION OF LAW The criteria for withdrawal as to the claim of service connection for osteoporosis; an initial compensable rating from September 29, 2012 to February 3, 2013 and an increased rating higher than 100 percent from February 4, 2013 and continuing thereafter for systemic lupus erythematosus; an initial rating higher than 10 percent from September 29, 2012 to September 15, 2020 for left hip fracture status-post closed reduction and fixation of a nondisplaced femoral neck stress fracture; and an initial compensable rating from September 29, 2012 to September 15, 2020 and an increased rating higher than 50 percent from September 16, 2020 and continuing thereafter for sinusitis with nasal polyposis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Air Force from April 2011 to September 2012. Effective February 2013, the Veteran's combined service-connected disability rating is 100 percent. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2012 rating decision of the San Diego, California Regional Office (RO). In August 2018, the Veteran was afforded a videoconference hearing before a Veterans Law Judge (VLJ) who is no longer a VLJ with the Board. During the hearing, the then-VLJ engaged in a colloquy with the Veteran toward substantiation of the claims. Bryant v. Shinseki, 23 Vet. App. 488, 496-97 (2010). A hearing transcript is in the record. In April 2019, the Board remanded the appeal to the RO for additional action. There was substantial compliance with the Board's remand directives. Stegall v. West, 11 Vet. App. 268 (1998). On March 27, 2021, VA notified the Veteran that the VLJ who conducted the August 2018 Board hearing was no longer a VLJ with the Board and that the Veteran had 30 days from the date of the letter to request another Board hearing. The Veteran did not respond. 38 C.F.R. § 20.604. Dismissal 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 and must be in writing, unless an appeal withdrawal is on the record at a hearing. Id; Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). In a December 2020 statement, the Veteran notified the Board that she wished to withdraw the claim of service connection for osteoporosis; an initial compensable rating from September 29, 2012 to February 3, 2013 and an increased rating higher than 100 percent from February 4, 2013 and continuing thereafter for systemic lupus erythematosus; an initial rating higher than 10 percent from September 29, 2012 to September 15, 2020 for left hip fracture status-post closed reduction and fixation of a nondisplaced femoral neck stress fracture; and an initial compensable rating from September 29, 2012 to September 15, 2020 and an increased rating higher than 50 percent from September 16, 2020 and continuing thereafter for sinusitis with nasal polyposis. The Veteran has withdrawn her appeal and no allegations of fact or law remain for appellate consideration. The Board does not have jurisdiction to review the appeal and it is dismissed. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Cohen, 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.