Citation Nr: 1319307	
Decision Date: 06/13/13    Archive Date: 06/21/13

DOCKET NO.  11-04 761 	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Louisville, Kentucky


THE ISSUES

1.  Entitlement to service connection for a left hydrocele, to include as secondary to a service-connected right inguinal hernia. 

2.  Whether new and material evidence has been received to reopen a previously denied claim for service connection for bilateral hearing loss. 

3.  Whether new and material evidence has been received to reopen a previously denied claim for service connection for a bilateral leg disorder, to include thrombophlebitis and deep venous thrombosis. 

4.  Whether new and material evidence has been received to reopen a previously denied claim for service connection for a lung disorder, to include asbestosis. 

5.  Entitlement to an initial rating in excess of 10 percent for a scar from a right inguinal hernia. 

6.  Entitlement to a rating in excess of 0 percent for a right inguinal hernia prior to March 15, 2010, and in excess of 30 percent on and after March 15, 2010. 

7.  Entitlement to a temporary total rating under 38 C.F.R. §§ 4.29, 4.30. 


REPRESENTATION

Appellant represented by:	Kentucky Department of Veterans Affairs


ATTORNEY FOR THE BOARD

Brian J. Milmoe, Counsel


INTRODUCTION

The Veteran served on active duty from November 1951 to November 1955, with additional service in the Merchant Marines from January 1956 to April 1973. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision entered in May 2010 by the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky.  It was most recently before the Board in January 2013, at which time the Veteran's claim to reopen for service connection for tinnitus was denied and all other matters on appeal were remanded to the VA's Appeals Management Center (AMC) so that additional development could be undertaken.  Following the AMC's completion of the actions sought, the case has been returned to the Board for further review.  

In a September 2012 statement, the Veteran raised the issue of his entitlement to VA compensation, presumably benefits under 38 U.S.C.A. § 1151, for a hydrocele of his left testicle due to inguinal hernia surgery.  Information developed during the course of the instant appeal, and clarified by a VA medical professional who provided a medical opinion on a separate matter in February 2013, is to the effect that the Veteran attributed his left hydrocele to left hernia surgery performed at the VA Medical Center in Louisville, Kentucky.  This issue has not been the subject of initial development and adjudication by the RO and is not within the Board's appellate jurisdiction for review at this time.  Rather, such matter is referred to the RO for its initial consideration.  

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).


FINDING OF FACT

By his written statement, received by the AMC in February 2013, and confirmed through an additional, separate written statement, received by the Board in February 2013, the Veteran withdrew from appellate consideration all issues remaining on appeal.  


CONCLUSION OF LAW

The criteria for withdrawal of the appeal involving a claim for service connection for a left hydrocele; his claims to reopen for service connection for bilateral hearing loss, a bilateral leg disorder inclusive of thrombophlebitis and deep venous thrombosis, and a lung disorder; and his claims for initial ratings for a right inguinal hernia and surgical scar related thereto, as well as his claim for a temporary total rating under 38 C.F.R. §§ 4.29, 4.30, by the appellant or his or her authorized representative have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 


REASONS AND BASES FOR FINDING AND CONCLUSION

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.A. § 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. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  

In the present case, the Veteran by his signed, written statements received by AMC and Board in February 2013 withdrew from appellate consideration all of the issues remaining on appeal, to include his claim for service connection for a left hydrocele; his claims to reopen for service connection for bilateral hearing loss, a bilateral leg disorder inclusive of thrombophlebitis and deep venous thrombosis, and a lung disorder; as well as his claims for initial ratings for a right inguinal hernia and surgical scar related thereto, and his claim for a temporary total rating under 38 C.F.R. §§ 4.29, 4.30.  Hence, there remain no allegations of errors of fact or law for appellate consideration as to those matters and the Board does not have jurisdiction to review the appeal relating thereto and it must therefore be dismissed. 


ORDER

The appeal is dismissed. 



____________________________________________
M. E. LARKIN
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs