Citation Nr: A25035600 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 210830-181509 DATE: April 17, 2025 ORDER The issue of entitlement to service connection for achilles tendinopathy of the left foot is dismissed. The issue of entitlement to service connection for coronary artery disease status post myocardial infarction, with cardiomyopathy and ventricular arrhythmia, with automatic implantable cardioverter defibrillator is dismissed. The issue of entitlement to service connection for traumatic brain injury is dismissed. The issue of entitlement to an increased rating for bronchial asthma is dismissed. The issue of entitlement to an increased rating for tinnitus is dismissed. The issue of entitlement to an increased rating for hammer toes of the left foot is dismissed. FINDING OF FACT On April 10, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that he wished to withdraw from appellate consideration the issues of entitlement to service connection for achilles tendinopathy of the left foot, coronary artery disease status post myocardial infarction, with cardiomyopathy and ventricular arrhythmia, with automatic implantable cardioverter defibrillator, and traumatic brain injury, and the issues of entitlement to increased ratings for bronchial asthma, tinnitus, and hammer toes of the left foot. CONCLUSION OF LAW The criteria for withdrawal of the issues of entitlement to service connection for achilles tendinopathy of the left foot, coronary artery disease status post myocardial infarction, with cardiomyopathy and ventricular arrhythmia, with automatic implantable cardioverter defibrillator, and traumatic brain injury, and the issues of entitlement to increased ratings for bronchial asthma, tinnitus, and hammer toes of the left foot are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205; Hembree v. Wilkie, 33 Vet. App. 1 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1976 to April 1983 and from January 1984 to March 1987. These matters come before the Board of Veterans' Appeals (Board) from June 2021 rating decisions that denied entitlement to service connection for achilles tendinopathy of the left foot, coronary artery disease status post myocardial infarction, with cardiomyopathy and ventricular arrhythmia, with automatic implantable cardioverter defibrillator, and traumatic brain injury, and entitlement to increased ratings for bronchial asthma, tinnitus, and hammer toes of the left foot. 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. § 20.205. Withdrawal may be made by a veteran or by his or her authorized representative. Id. In the present case, in correspondence dated in April 2025, the Veteran stated that he wished to withdraw from appellate consideration all the issues listed on his August 2021 VA Form 10182 Notice of Disagreement, to include the issues of entitlement to service connection for achilles tendinopathy of the left foot, coronary artery disease status post myocardial infarction with cardiomyopathy and ventricular arrhythmia, and with automatic implantable cardioverter defibrillator, and traumatic brain injury, and the issues of entitlement to increased ratings for bronchial asthma, tinnitus, and hammer toes of the left foot, under the above docket number. To validly withdraw an appeal via a written communication, 38 C.F.R. § 20.205 states that the communication must include the name of the appellant, the applicable VA claims file number, and an indication that the appeal is withdrawn. Further, the communication must identify the specific issues to be withdrawn or specify that the appeal in its entirety is withdrawn. Id.; see also Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020). Here, the Board finds that the April 2025 correspondence by the Veteran's representative satisfies the requirements pursuant to 38 C.F.R. § 20.205 for a valid withdrawal of the issues of entitlement to service connection for achilles tendinopathy of the left foot, coronary artery disease status post myocardial infarction, with cardiomyopathy and ventricular arrhythmia, with automatic implantable cardioverter defibrillator, and traumatic brain injury, and the issues of entitlement to increased ratings for bronchial asthma, tinnitus, and hammer toes of the left foot. Accordingly, the Board concludes that the Veteran has withdrawn the issues currently on appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Therefore, the Board does not have jurisdiction to review the issues on appeal and they are dismissed. Id. S.C. KREMBS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Bilstein, 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.