Citation Nr: 22018906 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 17-57 123 DATE: March 30, 2022 ORDER The appeal of the issue of entitlement to service connection for vertigo is dismissed. The appeal of the issue of entitlement to service connection for a cervical spine condition is dismissed. The appeal of the issue of entitlement to service connection for an acquired psychiatric disorder is dismissed. The appeal of the issue of entitlement to service connection for a right foot condition is dismissed. The appeal of the issue of entitlement to an increased rating for right lumbar radiculopathy is dismissed. The appeal of the issue of entitlement to an increased rating for left lumbar radiculopathy is dismissed. The appeal of the issue of entitlement to an increased rating for left knee chondromalacia is dismissed. The appeal of the issue of entitlement to an increased rating for irritable bowel syndrome (IBS) is dismissed. The appeal of the issue of entitlement to an increased rating for residual right shoulder painful scars is dismissed. The appeal of the issue of entitlement to an increased rating for residual right shoulder linear scars is dismissed. The appeal of the issue of entitlement to an effective date prior to March 23, 2015, for the grant of service connection for residual right shoulder linear scars is dismissed. FINDINGS OF FACT 1. In July 2019, prior to the promulgation of a decision in the appeal, the Veteran withdrew her appeal of the issues of (1) entitlement to service connection for vertigo, an acquired psychiatric disorder, and a right foot condition; (2) entitlement to increased ratings for left knee chondromalacia, IBS, residual right shoulder painful scars, and residual right shoulder linear scars; and (3) entitlement to an effective date prior to March 23, 2015, for the grant of service connection for residual right shoulder linear scars. 2. In January 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew her appeal of the issues of entitlement to service connection for a cervical spine condition and entitlement to increased ratings for left and right lumbar radiculopathy. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for vertigo by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for an acquired psychiatric disorder by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for a right foot condition by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for a cervical spine condition by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating for left knee chondromalacia by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating for IBS by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating for residual right shoulder painful scars by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 8. The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating for residual right shoulder linear scars by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 9. The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating for right lumbar radiculopathy by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 10. The criteria for withdrawal of the appeal of the issue of entitlement to an increased rating for left lumbar radiculopathy by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. 11. The criteria for withdrawal of the appeal of the issue of entitlement to an effective date prior to March 23, 2015, for the grant of service connection for residual right shoulder linear scars, by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1975 to October 1985. This matter is on appeal from a June 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran timely perfected an appeal. See October 2015 Notice of Disagreement; October 2017 Statement of the Case; November 2017 VA Form 9. In June 2019, the Board, in pertinent part, remanded the issues listed above, as well as the issue of entitlement to a TDIU, for additional development. Thereafter, in a December 2020 rating decision, the RO granted entitlement to a TDIU, effective the day after she reported that she stopped working. Accordingly, that issue is no longer on appeal. In a January 2021 letter, which was copied to the Veteran, the Veteran's previous representative, a private attorney, notified VA that it was revoking its representation of the Veteran. The Veteran has not appointed a new representative. In light of the foregoing, the Board finds that the Veteran is unrepresented in her appeal before the Board. See 38 C.F.R. § 14.631 (f). Withdrawn Issues 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. A withdrawal may be made by the appellant or his or her authorized representative. Id. In this case, in a July 2019 correspondence, the Veteran requested to withdraw the issues of (1) entitlement to service connection for vertigo, an acquired psychiatric disorder, and a right foot condition; (2) entitlement to increased ratings for left knee chondromalacia, IBS, residual right shoulder painful scars, and residual right shoulder linear scars; and (3) entitlement to an effective date prior to March 23, 2015, for the grant of service connection for residual right shoulder linear scars all pending appeals. Thereafter, in a January 2021 correspondence, the Veteran requested to withdraw the issues of entitlement to service connection for a cervical spine condition and entitlement to increased ratings for left and right lumbar radiculopathy. These withdrawals were in writing, clearly identified the issues being withdrawn, and clearly identified the Veteran by name and by her VA claim number. Thus, they meet all the elements for a valid withdrawal. 38 C.F.R. § 19.55. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Kipper, 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.