Citation Nr: 21042585 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 17-02 928 DATE: July 13, 2021 ORDER Entitlement to service connection for fatigue is dismissed. Entitlement to service connection for tinnitus is dismissed. Entitlement to service connection for bilateral pes planus is dismissed. Entitlement to a rating in excess of 10 percent for painful left eyebrow scar is dismissed. FINDINGS OF FACT 1. In a July 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal as to the claim of entitlement to service connection for fatigue. 2. In a July 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal as to the claim of entitlement to service connection for tinnitus. 3. In a July 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal as to the claim of entitlement to service connection for bilateral pes planus. 4. In a July 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal as to the claim of entitlement to a rating in excess of 10 percent for painful left eyebrow scar. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a substantive appeal as to the issue of entitlement to service connection for fatigue have been met. 38 U.S.C. § 7105 (b)(2) (West 2012); 38 C.F.R. §§ 20.202, 20.204. 2. The criteria for withdrawal of a substantive appeal as to the issue of entitlement to service connection for tinnitus have been met. 38 U.S.C. § 7105 (b)(2) (West 2012); 38 C.F.R. §§ 20.202, 20.204. 3. The criteria for withdrawal of a substantive appeal as to the issue of entitlement to service connection for bilateral pes planus have been met. 38 U.S.C. § 7105 (b)(2) (West 2012); 38 C.F.R. §§ 20.202, 20.204. 4. The criteria for withdrawal of a substantive appeal as to the issue of entitlement to a rating in excess of 10 percent for painful left eyebrow scar have been met. 38 U.S.C. § 7105 (b)(2) (West 2012); 38 C.F.R. §§ 20.202, 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1984 to May 1989. In February 2019, this appeal was remanded for further development. The Board notes that while the Veteran's claims for service connection for hemorrhoids, headaches, depression, right knee disability, and bilateral planitis fascitis, were pending on appeal, the RO granted service connection for these claims. Given such, as a grant of service connection for these claims is a grant of the full benefits sought, these claims are no longer before the Board. With respect to the Veteran's claims for service connection for sleep apnea and for entitlement to a TDIU, in a November 2020 correspondence, the Veteran opted these claims into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR). Given such, the Veteran's claim for service connection for sleep apnea and entitlement to a TDIU are no longer before the Board in the legacy system. Withdrawal 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. Withdrawal may be made by the appellant or by his authorized representative. 38 C.F.R. § 20.204 (c) (2017). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation. They must include the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 20.204 (b) (1). See Hembree v. Wilkie, 33 Vet. App. 1 (2020). In a July 2021 correspondence, the Veteran expressed his desire to withdraw his appeal as to the claims of entitlement to service connection for fatigue, tinnitus, bilateral pes planus, and entitlement to an evaluation in excess of 10 percent for left eyebrow scar. The withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.204 (b)(3). Given the above circumstances, the 25 Vet. App. 45, 57 (2011). Thus, the Board finds that the Veteran has withdrawn his appeal as to the above-mentioned claims and there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the claims are dismissed. (continued on the next page) YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Abdelbary, 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.