Citation Nr: 1241007 Decision Date: 11/30/12 Archive Date: 12/05/12 DOCKET NO. 09-28 033 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for residuals of a shrapnel wound to the back. 2. Entitlement to service connection for residuals of a gunshot wound to the left shoulder. 3. Entitlement to service connection for residuals of a gunshot wound to the right shoulder. 4. Entitlement to service connection for residuals of a broken wrist. 5. Entitlement to service connection for residuals of broken ribs. 6. Entitlement to service connection for gum disease. 7. Entitlement to an evaluation higher than 70 percent for the service-connected posttraumatic stress disorder (PTSD) from April 1, 2011. 8. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). REPRESENTATION Appellant represented by: Vietnam Veterans of America WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD J. H. Nilon, Counsel INTRODUCTION The Veteran served on active duty from February 1951 to February 1954. This matter comes before the Board of Veterans' Appeals (Board) on appeal of rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. In March 2011 the Veteran testified before the undersigned Veterans Law Judge in a hearing at the RO ("Travel Board" hearing). A transcript of his testimony is of record. In February 2011 the Board issued a decision and remand that in relevant part remanded the issues identified on the title page to the Originating Agency for further development. As noted in detail below, the Veteran submitted a letter in October 2012 in which he withdrew his appeal regarding all issues before the Board. Thereafter, the Veteran's representative submitted an Informal Hearing Presentation to the Board in November 2012 asking the Board to consider the merits of two of those issues (specifically, entitlement to a TDIU and entitlement to a rating for PTSD higher than 70 percent from April 1, 2011). However, those claims ceased to exist when the Veteran withdrew his appeal; see Hanson v. Brown, 9 Vet. App. 29, 32 (1996). The Board accordingly refers these two issues to the Originating Agency for appropriate action as new claims. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). FINDINGS OF FACT 1. In May 2011 the Board issued a decision that in relevant part remanded to the originating agency appeals for the following claims: entitlement to service connection for residuals of a shrapnel wound to the back; entitlement to service connection for residuals of a gunshot wounds to the left and right shoulders; entitlement to service connection for residuals of a broken wrist and residuals of broken ribs; entitlement to service connection for gum disease; entitlement to an evaluation for PTSD higher than 70 percent from April 1, 2011; and, entitlement to a TDIU. 2. The Veteran submitted a letter in October 2012, prior to the promulgation of a decision in the appeal, in which he clearly and unambiguously withdrew his appeal regarding all issues that had been remanded to the Originating Agency by the Board. CONCLUSIONS OF LAW 1. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to service connection for residuals of a shrapnel wound to the back. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 2. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to service connection for residuals of a gunshot wound to the left shoulder. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 3. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to service connection for residuals of a gunshot wound to the right shoulder. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 4. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to service connection for residuals of a broken wrist. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 5. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to service connection for residuals of broken ribs. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 6. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to service connection for gum disease. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 7. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to an evaluation higher than 70 percent for the service-connected PTSD from April 1, 2011. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 8. The criteria are met for withdrawal by the appellant of the appeal regarding entitlement to a TDIU. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C.A. § 7105 (West 2002). 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. § 20.204 (2012). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran submitted a letter to the Appeals Management Center (AMC) dated October 4, 2012, in which he endorsed being satisfied with the recent grant of one or more disabilities on appeal and wished to withdraw any remaining issues that had been remanded to the AMC by the Board. By his signature, the Veteran asked to withdraw any remaining issues contained in the recent remand order by the Board and asked the AMC to discontinue further development action. There remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal on these issues, and the appeal is dismissed. ORDER The appeal regarding entitlement to service connection for residuals of a shrapnel wound to the back is dismissed. The appeal regarding entitlement to service connection for residuals of a gunshot wound to the left shoulder is dismissed. The appeal regarding entitlement to service connection for residuals of a gunshot wound to the right shoulder is dismissed. The appeal regarding entitlement to service connection for residuals of a broken wrist is dismissed. The appeal regarding entitlement to service connection for residuals of broken ribs is dismissed. The appeal regarding entitlement to service connection for gum disease is dismissed. The appeal regarding entitlement to an evaluation higher than 70 percent for PTSD from April 1, 2011, is dismissed. The appeal regarding entitlement to a TDIU is dismissed. ____________________________________________ STEVEN D. REISS Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs