Citation Nr: 0813288 Decision Date: 04/23/08 Archive Date: 05/01/08 DOCKET NO. 05-10 361 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUE Entitlement to a higher initial evaluation for seborrhea dermatitis, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD L.J. Bakke, Counsel INTRODUCTION The veteran served on active duty from July 1954 to July 1976. This appeal arises before the Board of Veterans' Appeals (Board) from a rating decision rendered in April 2004 by the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California in which service connection for seborrhea dermatitis was granted and evaluated as noncompensable, effective in July 2003. A 30 percent evaluation was subsequently granted in a May 2006 supplemental statement of the case, effective in March 2006. FINDING OF FACT In February 2008, the veteran withdrew his appeal of the claim for an initial evaluation greater than 30 percent for seborrhea dermatitis. CONCLUSION OF LAW The criteria for withdrawal of a substantive appeal by the veteran concerning the claim for an initial evaluation greater than 30 percent for seborrhea dermatitis have been met. 38 U.S.C.A. § 7105(b)(2) (West 2002 & Supp. 2007); 38 C.F.R. § 20.204 (2007). REASONS AND BASES FOR FINDING AND CONCLUSION In March 2005, the veteran submitted a substantive appeal indicating that he wished to appeal the evaluation initially assigned to his seborrhea dermatitis, listed in the November 2004 statement of the case. This perfected his appeal as to his claim for a higher initial evaluation for the newly service-connected seborrhea dermatitis. In February 2008, in a written statement proffered before the Board promulgated a decision on this issue, the veteran indicated that he wished to withdraw his appeal as to this issue. A substantive appeal may be withdrawn on the record at a hearing by the veteran at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(b). As the veteran withdrew his appeal as to the issue of entitlement to a higher initial evaluation for seborrhea dermatitis, there remains no allegation of error of fact or law for appellate consideration. The Board therefore has no jurisdiction to review this issue. ORDER The appeal of the claim of entitlement to a higher initial evaluation for seborrhea dermatitis, currently evaluated as 30 percent disabling, is dismissed. ____________________________________________ RONALD W. SCHOLZ Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs