Citation Nr: 22014113 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 16-24 479 DATE: March 11, 2022 ORDER Entitlement to an increased disability evaluation for status post anterior cruciate ligament reconstruction of the left knee, currently rated as 10 percent disabling, is dismissed. Entitlement to an increased disability evaluation for left great toe gout with arthritis, rated as 20 percent disabling for the rating period prior to April 24, 2017, and 60 percent disabling thereafter, is dismissed. Entitlement to an increased disability evaluation for status-post pilonidal cyst excision surgery, currently rated as noncompensable, is dismissed. Entitlement to an increased disability evaluation for status-post hemicolectomy, currently rated as 20 percent disabling, is dismissed. Entitlement to an increased disability evaluation for right knee degenerative joint disease, currently rated as 10 percent disabling, is dismissed. FINDINGS OF FACT On April 15, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that withdrawal of the appeal of the claims of entitlement to an increased disability evaluation for status post anterior cruciate ligament reconstruction of the left knee, left great toe gout with arthritis, status-post pilonidal cyst excision surgery, status-post hemicolectomy, and right knee degenerative joint disease was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to an increased disability evaluation for status-post anterior cruciate ligament reconstruction of the left knee, by the appellant (or his or her authorized representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2020). 2. The criteria for withdrawal of the claim of entitlement to an increased disability evaluation for left great toe gout with arthritis, by the appellant (or his or her authorized representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2020). 3. The criteria for withdrawal of the claim of entitlement to an increased disability evaluation for status-post pilonidal cyst excision surgery, by the appellant (or his or her authorized representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2020). 4. The criteria for withdrawal of the claim of entitlement to an increased disability evaluation for status-post hemicolectomy, by the appellant (or his or her authorized representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § § 19.55 (2020). 5. The criteria for withdrawal of the claim of entitlement to an increased disability evaluation for right knee degenerative joint disease, by the appellant (or his or her authorized representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from January 1982 to June 1992. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision issued by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). Dismissal 1. Entitlement to an increased disability evaluation for status post anterior cruciate ligament reconstruction of the left knee, currently rated as 10 percent disabling. 2. Entitlement to an increased disability evaluation for left great toe gout with arthritis, rated as 20 percent disabling for the rating period prior to April 24, 2017, and 60 percent disabling thereafter. 3. Entitlement to an increased disability evaluation for status-post pilonidal cyst excision surgery, currently rated as noncompensable. 4. Entitlement to an increased disability evaluation for status-post hemicolectomy, currently rated as 20 percent disabling. 5. Entitlement to an increased disability evaluation for right knee degenerative joint disease, currently rated as 10 percent disabling. 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 (2020). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by a veteran or by an authorized representative and must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action by the appellant. Acree v. O'Rourke, 891 F.3d 1009, 1012 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 5758 (2011). In the present case, the Veteran, through a written statement received by the RO on April 15, 2019, has withdrawn the appeal of the claims of entitlement to an increased disability evaluation for status post anterior cruciate ligament reconstruction of the left knee, left great toe gout with arthritis, status-post pilonidal cyst excision surgery, status-post hemicolectomy, and right knee degenerative joint disease. The Board observes that the Veteran's request was clear, unambiguous, and made with full understanding of the consequences; the Veteran clearly stated that he was satisfied with the disability evaluations assigned and requested that his appeal of all issues be "cancelled." Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these claims and these claims are dismissed. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Brokowsky, 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.