The appeal as to entitlement to service connection for a right elbow disability is dismissed.

Citation Nr: A26069981 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 240903-471138 DATE: July 30, 2026 ORDER The appeal as to entitlement to service connection for a right elbow disability is dismissed. The appeal as to entitlement to service connection for a left elbow disability is dismissed. The appeal as to entitlement to a rating in excess of 10 percent for right knee patellar tendonitis is dismissed. The appeal as to entitlement to a rating in excess of 10 percent for left knee patellar tendonitis is dismissed. The appeal as to entitlement to a rating in excess of 10 percent for plantar fasciitis, left foot, is dismissed. The appeal as to entitlement to a compensable rating for pseudofolliculitis barbae (PFB) is dismissed. The appeal as to entitlement to a rating in excess of 10 percent for residual right ankle sprain is dismissed. The appeal as to entitlement to a rating in excess of 10 percent for residual left ankle sprain is dismissed. The appeal as to entitlement to service connection for obstructive sleep apnea is dismissed. The appeal as to entitlement to service connection for other specified trauma- and stressor related disorder is dismissed. FINDING OF FACT In written, signed correspondence, received by VA on December 16, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his representative, that he wished to withdraw his appeal in full. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal as to entitlement to service connection for a right elbow disability, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the appeal as to entitlement to service connection for a left elbow disability, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the appeal as to entitlement to a rating in excess of 10 percent for right knee patellar tendonitis, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 4. The criteria for withdrawal of the appeal as to entitlement to a rating in excess of 10 percent for left knee patellar tendonitis, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 5. The criteria for withdrawal of the appeal as to entitlement to a rating in excess of 10 percent for plantar fasciitis, left foot, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 6. The criteria for withdrawal of the appeal as to entitlement to a compensable rating for pseudofolliculitis barbae, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 7. The criteria for withdrawal of the appeal as to entitlement to a rating in excess of 10 percent for residual right ankle sprain, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 8. The criteria for withdrawal of the appeal as to entitlement to a rating in excess of 10 percent for residual left ankle sprain, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 9. The criteria for withdrawal of the appeal as to entitlement to service connection for obstructive sleep apnea, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 10. The criteria for withdrawal of the appeal as to entitlement to service connection for other specified trauma- and stressor related disorder, by the Veteran, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from September 2014 to September 2018, November 2020 to November 2022, and April 2024 to May 2024. The Board thanks the Veteran for his service to our country. In a May 2023 rating decision, the agency of original jurisdiction (AOJ), granted increased ratings for the Veteran's service-connected right and left ankles, denied an increased rating for plantar fasciitis of the left foot, denied increased ratings for the right and left knees (but deferred any higher ratings), denied an increased rating for pseudofolliculitis barbe, denied service connection for right elbow, left elbow, sleep apnea disabilities, and deferred a decision on entitlement to service connection for a stress disorder. In an August 2023 rating decision, the AOJ denied any increased ratings for the Veteran's service-connected right and left knees and entitlement to service connection for a stress disorder. In September 2023, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of the May and August 2023 decisions. In January 2024, the AOJ issued the HLR decision on appeal, which considered the evidence of record at the time of the prior May and August decisions. Specific to the claims pertaining to the right elbow, left elbow, posttraumatic stress disorder, and sleep apnea, the Higher-Level Reviewer determined that there had been a duty to assist error and transferred these claims to the Supplemental Claim decision review option for additional development. In August 2024, the AOJ issued a supplemental claim decision on appeal denying entitlement to service connection for right elbow, left elbow, PTSD, and sleep apnea. The service connection claims for sleep apnea and other specified trauma and stressor related disorder were subsequently granted in an April 2026 rating decision. In the September 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. The Board notes that the September 2024 VA Form 10182 also requested an appeal to the Board on numerous additional issues, some duplicative of issues already on appeal, and some stemming from rating decisions issued in 2019. However, the Veteran's Notice of Disagreement is untimely as to the 2019 decisions, and the other issues listed are already on appeal before the Board. A properly completed Notice of Disagreement with a decision by the AOJ must be filed within one year from the date that the agency mails the notice of the decision. 38 C.F.R. § 20.203(b). The Veteran's September 2024 VA Form 10182 (Notice of Disagreement) is not timely to appeal the claims denied in the AOJ's 2019 rating decisions. The issues timely appealed and properly before the Board are listed on the title page of this decision. Further, an earlier effective date appeal as to his PFB is not properly before the Board, although listed on the VAF 10182, as an effective date was not implemented in the cited January 2024 rating decision. Nevertheless, as the Veteran withdrew all issues currently docketed on appeal stream 240903-471138, further discussion is not warranted. Withdrawal of Appeal 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 the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. An effective withdrawal of a claim on appeal must be in writing, include the name of the Veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 20.205. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or it must list the issue(s) withdrawn from the appeal. Hembree, 33 Vet. App. at 5. In the present case, the Veteran submitted a written statement, on December 16, 2025, stating that he wished to withdraw his appeal in full. An attached statement from his representative identified his sole appeal remaining before the VA on docket number 240903-471138. The Veteran's name and file number were included in the written submission. The Board finds that such statement satisfies the requirements for a written withdrawal as to the issues of entitlement to service connection for right elbow, left elbow, obstructive sleep apnea, and other specified trauma- and stressor related disorder, and for entitlement to (a) a rating in excess of 10 percent for right knee patellar tendonitis, (b) a rating in excess of 10 percent for left knee patellar tendonitis, (c) a rating in excess of 10 percent for plantar fasciitis, left foot, (d) a compensable rating for pseudofolliculitis barbae, (e) a rating in excess of 10 percent for residual right ankle sprain, and (f) a rating in excess of 10 percent for residual left ankle sprain. The withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.204(b)(3). Further, there is no reasonably raised question about the validity of this statement. Martinez v. McDonough, 36 Vet. App. 320 (2023). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issues, the Board does not have jurisdiction over the issues, and they are dismissed. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. M. Clark, 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.