Citation Nr: 22017698 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 17-14 152A DATE: March 25, 2022 ORDER An initial disability rating in excess of 10 percent prior to December 19, 2019, and in excess of 20 percent thereafter, for service-connected arthritis of the thoracolumbar spine is dismissed. An initial compensable disability rating prior to December 19, 2019, and in excess of 30 percent thereafter, for service-connected dyschromia is dismissed. Entitlement to a total disability rating based on individual unemployability is dismissed. FINDINGS OF FACT 1. In a correspondence received by VA on January 26, 2022, the Veteran properly withdrew his appeal for an initial disability rating in excess of 10 percent prior to December 19, 2019, and in excess of 20 percent thereafter, for service-connected arthritis of the thoracolumbar spine. 2. In a correspondence received by VA on January 26, 2022, the Veteran properly withdrew his appeal for an initial compensable disability rating prior to December 19, 2019, and in excess of 30 percent thereafter, for service-connected dyschromia. 3. In a correspondence received by VA on January 26, 2022, the Veteran properly withdrew his appeal for entitlement to a total disability rating based on individual unemployability. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the Veteran's appeal for an initial disability rating in excess of 10 percent prior to December 19, 2019, and in excess of 20 percent thereafter, for service-connected arthritis of the thoracolumbar spine have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the Veteran's appeal for an initial compensable disability rating prior to December 19, 2019, and in excess of 30 percent thereafter, for service-connected dyschromia have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the Veteran's appeal for entitlement to a total disability rating based on individual unemployability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably on active duty in the United States Army from November 1983 to December 1987 and from January 1989 to February 1996. This case comes before the Board of Veterans' Appeals (Board) on appeal from February 2015 and August 2015 decisions of a Department of Veterans Affairs (VA) Regional Office. In July 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. In July 2021, the Board issued a decision remanding the above claims, in addition to a claim for service connection for a cervical spine disability, for further development. In a November 2021 decision, a VA Regional Office granted service connection for a cervical spine disability. Seri v. Nicholson, 21 Vet. App. 441, 447 (2007) (the grant of a claim of service connection constitutes an award of full benefits sought on an appeal of the denial of a service connection claim). The Veteran has not filed a notice of disagreement with that decision. Thus, that claim is no longer part of the current appeal before the Board. The VA Regional Office also issued a supplemental statement of the case in November 2021 in which it continued to deny the Veteran's remaining claims. On January 26, 2022, the Veteran filed a correspondence titled, "Appeals Satisfaction Notice." The Appeal Satisfaction Notice states, I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal. Please only return this document if you no longer want to pursue the remaining items contained in your Statement of the Case/Supplemental Statement of the Case (SSOC). A Veteran may withdraw an appeal as to any or all issues. 38 C.F.R. § 19.55(a); 38 C.F.R. § 20.205(a). Written appeal withdrawals must include: (1) the name of the veteran, (2) the applicable Department of Veterans Affairs file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1). 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. 38 C.F.R. §§ 19.55(b)(1). Following transfer of an appeal to the Board, a withdrawal is effective when received by the Board. 38 C.F.R. § 19.55(b)(3). "Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies." 38 C.F.R. § 19.55(c). The Appeals Satisfaction Notice contains the Veteran's printed name, signed name, VA Claim Number or Social Security Number, and is dated. The Appeal Satisfaction Notice states that it is the Veteran's decision to withdraw all claims from appeal contained within most recent supplemental statement of the case, which was issued in November 2021. The Board is satisfied that the Veteran has properly withdrawn his appeal in its entirety. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). Accordingly, the appeal of all claims contained in the November 2021 supplemental statement of the case is dismissed. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. F. Sawka, 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.