Citation Nr: 21029261
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 17-45 523
DATE: May 13, 2021

ORDER

Service connection for right big toe ingrown nail disability is dismissed.

Service connection for left big toe ingrown nail disability is dismissed. 

Service connection for hemorrhoids is dismissed.

Service connection for diabetes mellitus is dismissed.

Entitlement to an increased rating for limitation of extension, right knee is dismissed.

Entitlement to an increased rating for limitation of extension, left knee is dismissed

Entitlement to an increased rating for left knee patellofemoral syndrome is dismissed.

Entitlement to an increased rating for right knee patellofemoral syndrome is dismissed.

Entitlement to an increased rating for spondylosis C2-3 with post-operative herniated C5/6 and C6/7 is dismissed.

Entitlement to an increased rating for loss of teeth is dismissed.  

FINDING OF FACT

In April 2021 written correspondence, the Veteran withdrew his appellate claims related to his left and right toe, hemorrhoid, diabetes mellitus, right and left leg, bilateral patellofemoral, back, and teeth disabilities.  

CONCLUSIONS OF LAW

1. The criteria for dismissal of service connection for right big toe ingrown nail disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

2. The criteria for dismissal of service connection for left big toe ingrown nail disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

3. The criteria for dismissal of service connection for hemorrhoids have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

4. The criteria for dismissal of service connection for diabetes mellitus have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

5. The criteria for dismissal of entitlement to an increased rating for limitation of extension, right knee have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

6. The criteria for dismissal of entitlement to an increased rating for limitation of extension, left knee have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

7. The criteria for dismissal of entitlement to an increased rating for left knee patellofemoral syndrome have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

8. The criteria for dismissal of entitlement to an increased rating for right knee patellofemoral syndrome have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

9. The criteria for dismissal of entitlement to an increased rating for spondylosis C2-3 with post-operative herniated C5/6 and C6/7 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

10. The criteria for dismissal of entitlement to an increased rating for loss of teeth have been met.   

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from February 1979 to June 1986 and from January 1991 to June 1991.  

Withdrawals 

The Board may dismiss any appeal that fails to allege a 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. § 20.204(a). Withdrawal may be made by the appellant or by his or her authorized representative on the record during a hearing before the Board or in writing. 38 C.F.R. § 20.204(b).  Here, the Veteran withdrew appellate claims related to his left and right toe, hemorrhoid, diabetes mellitus, right and left leg, bilateral patellofemoral, back, and teeth disabilities in April 2021 written correspondence.  

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The Veteran clearly identified the issues he is requesting to withdraw. Thus, the Board finds the Veteran has explicitly, unambiguously, and with a full understanding of the consequences withdrawn these issues. Hembree v. Wilkie, 33 Vet. App. 1 (2020).  As there is no remaining allegation of error of fact or law for appellate consideration regarding these issues, the Board does not have jurisdiction to review them, and they are dismissed.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ijitimehin, Kemi D.

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.