Citation Nr: 22018790
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 19-27 218
DATE: March 30, 2022

ORDER

Entitlement to service connection for left elbow tendonitis is dismissed.

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for bilateral tinea pedis is dismissed.

Entitlement to service connection for bilateral hamstring tears is dismissed.

Entitlement to service connection for dry eye syndrome is dismissed.

Entitlement to service connection for residual memory lapse/loss, status post concussions is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

Entitlement to a compensable rating for toenail fungus is dismissed.

Entitlement to an initial compensable for pruritus ani is dismissed.

FINDING OF FACT

In July 2020, prior to promulgation of a decision in the appeal, the Veteran notified VA that he wished to withdraw his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been 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 August 1980 to December 1986, and January 1990 to March 2004.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal of Appeal

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(d).  An appeal may be withdrawn as to any or all issues involved in the appeal.  38 C.F.R. § 19.55 (a).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In a July 2020 Appeals Satisfaction Notice, the Veteran indicated that he wishes to withdraw all of his pending appeals.  This statement reflects a desire to withdraw the appeal with respect to the issues of entitlement to service connection for left elbow tendonitis, hypertension, bilateral tinea pedis, bilateral hamstring tears, dry eye syndrome, residual memory lapse/loss, status post concussions, and erectile function, compensable rating for toenail fungus, and initial compensable rating for pruritus ani.  This statement constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the appeal was withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), now 38 C.F.R. § 19.55(b) as applicable to legacy claims).

Based on the above, there is no specific determination with which the claimant disagrees as to the claim on appeal, and dismissal of the appeal is therefore warranted.  

 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Walker, 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.