Citation Nr: 21042001 Decision Date: 07/11/21 Archive Date: 07/11/21 DOCKET NO. 17-00 591 DATE: July 11, 2021 ORDER Entitlement to service connection for hyperlipidemia is dismissed. Entitlement to an initial disability rating in excess of 10 percent, prior to October 28, 2019, and in excess of 30 percent thereafter, for service-connected cervical spondylosis is dismissed. Entitlement to an initial disability rating in excess of 10 percent, prior to October 28, 2019, and in excess of 20 percent thereafter, for service-connected degenerative arthritis of the right shoulder is dismissed. Entitlement to an initial compensable disability rating, prior to October 28, 2019, and in excess of 10 percent thereafter, for service-connected lateral epicondylitis of the right elbow is dismissed. Entitlement to an initial disability rating in excess of 20 percent for the separate award for limitation of pronation of the right elbow is dismissed. Entitlement to an initial compensable disability rating, prior to October 28, 2019, and in excess of 20 percent thereafter, for service-connected lumbar spondylosis is dismissed. Entitlement to an initial compensable disability rating, prior to October 28, 2019, and in excess of 10 percent thereafter, for service-connected degenerative arthritis of the right knee is dismissed. Entitlement to an initial compensable disability rating, prior to October 28, 2019, in excess of 30 percent thereafter, for service-connected dermatitis with rosacea is dismissed. Entitlement to an initial compensable disability rating for service-connected hemorrhoids is dismissed. FINDING OF FACT In an August 2020 Appeals Satisfaction Notice, the Veteran notified the Board that he wished to withdrawal this entire appeal. CONCLUSION OF LAW The criteria for withdrawal of the instant claims are met. 38 U.S.C. § 7105(d); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1991 to June 2013. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. In a November 2019 decision, the Board remanded these claims, as well as the issues of entitlement to service connection for sinusitis and a heart condition. VA was to secure updated examinations and necessary medical opinions. In a July 2020 rating decision, VA award service connection for a heart disability and sinusitis. Thus, those issues no longer are before the Board, so they herein will not be addressed. See Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board). The rating decision also increased most of the Veteran's various ratings for his service-connected disabilities (as evidenced as the framing of the issues on pages one and two). 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 must be filed with the Board and include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 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. Appeal withdrawals should be filed with the agency of original jurisdiction (AOJ) until the appellant or representative filing the withdrawal receives notice that the appeal has been transferred to the Board. Thereafter, the withdrawal must be filed with the Board. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. Thereafter, it is not effective until received by the Board. A withdrawal received by the Board after the Board issues a final decision under Rule 1100(a) (§20.1100(a) of this chapter) will not be effective. Id. at (b)(1)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement (NOD) and, if filed, the Substantive Appeal (VA Form 9), as to all issues to which the withdrawal applies. Withdrawal does not preclude filing a new NOD and, after a Statement of the Case is issued, a new VA Form 9, as to any issue withdrawn, provided such filings would be timely under these rules if the appeal withdrawn had never been filed. Id. at (c). In August 2020, the Veteran submitted an Appeals Satisfaction Notice, which indicated that the Veteran was satisfied with the grants he had received thus far and wished to withdrawal all remaining issues contained in the recent Supplemental Statement of the Case (which contained all issues herein). The Notice also contains the Veteran's name, signature, claims number, and date. Thus, the Board finds that it is a valid withdrawal. Id. at (a)(b). As a valid withdrawal, the Notice thereby withdraws the January 15, 2016, Notice of Disagreement (NOD) and January 5, 2017, VA Form 9 associated with this appeal also are deemed withdrawn. Id. at (c). As such, the Board no longer has jurisdiction over these claims, and this entire appeal is dismissed. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Trevor T. Bernard, 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.