Citation Nr: 1319858 Decision Date: 06/20/13 Archive Date: 07/02/13 DOCKET NO. 08-24 657 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico THE ISSUES 1. Entitlement to a rating in excess of 10 percent for peripheral neuropathy, left upper extremity. 2. Entitlement to a rating in excess of 10 percent for peripheral neuropathy, right upper extremity. 3. Entitlement to an initial compensable rating for retinopathy. 4. Entitlement to a compensable rating for tinea versicolor, prior to July 9, 2010, and a rating in excess of 60 percent, on and after July 9, 2010. REPRESENTATION Appellant represented by: Eric A. Gang, Attorney at Law ATTORNEY FOR THE BOARD David S. Ames, Counsel INTRODUCTION The Veteran served on active duty from September 1968 to April 1970. This matter comes properly before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office in San Juan, the Commonwealth of Puerto Rico (RO). FINDINGS OF FACT 1. In November 2012, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to a rating in excess of 10 percent for peripheral neuropathy, left upper extremity. 2. In November 2012, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to a rating in excess of 10 percent for peripheral neuropathy, right upper extremity. 3. In November 2012, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to an initial compensable rating for retinopathy. 4. In May 2013, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to a compensable rating for tinea versicolor, prior to July 9, 2010, and a rating in excess of 60 percent, on and after July 9, 2010. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the substantive appeal by the Veteran for the issue of entitlement to a rating in excess of 10 percent for peripheral neuropathy, left upper extremity, have been met. 38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012). 2. The criteria for withdrawal of the substantive appeal by the Veteran for the issue of entitlement to a rating in excess of 10 percent for peripheral neuropathy, right upper extremity, have been met. 38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012). 3. The criteria for withdrawal of the substantive appeal by the Veteran for the issue of entitlement to an initial compensable rating for retinopathy, have been met. 38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012). 4. The criteria for withdrawal of the substantive appeal by the Veteran for the issue of entitlement to a compensable rating for tinea versicolor, prior to July 9, 2010, and a rating in excess of 60 percent, on and after July 9, 2010, have been met. 38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS In February 2007, the Veteran filed a claim for an increased rating for tinea versicolor, then evaluated as 0 percent disabling. This claim was denied by a rating decision dated in April 2007. The Veteran perfected an appeal to this decision in July 2008. In August 2011, a rating decision increased the Veteran's rating for tinea versicolor to 60 percent, effective July 9, 2010. In addition, in October 2007, the Veteran filed a claim for increased ratings for his peripheral neuropathy of the left and right upper extremities, then evaluated as 10 percent disabling for each extremity. This claim was denied by a rating decision dated in March 2008. The Veteran perfected an appeal to this decision in July 2008. Finally, a special review of the Veteran's claims file resulted in a May 2009 rating decision which granted service connection for retinopathy and assigned a 0 percent rating, effective September 4, 2008. The Veteran perfected an appeal to the rating assigned for his retinopathy in September 2011. Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b). Withdrawal may be made by the Veteran or by his authorized representative, except that a representative may not withdraw a substantive appeal filed by the Veteran personally without the express written consent of the Veteran. 38 C.F.R. § 20.204(c). With regard to the issues covering the Veteran's peripheral neuropathy, left upper extremity; peripheral neuropathy, right upper extremity; and retinopathy, a November 2012 statement from the Veteran's representative stated that he wished to withdraw his appeal as to those issues. With regard to the issue covering tinea versicolor, a May 2013 statement from the Veteran's representative stated that he also wished to withdraw his appeal as to that issue. As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the issues of entitlement to increased ratings for peripheral neuropathy, left upper extremity; peripheral neuropathy, right upper extremity; retinopathy; and tinea versicolor. As such, the Board finds that the Veteran has withdrawn his claims as to these issues, and accordingly, the Board does not have jurisdiction to review the appeal as to the issues of entitlement to increased ratings for peripheral neuropathy, left upper extremity; peripheral neuropathy, right upper extremity; retinopathy; and tinea versicolor, and they are dismissed. ORDER The claim for a rating in excess of 10 percent for peripheral neuropathy, left upper extremity, is dismissed. The claim for a rating in excess of 10 percent for peripheral neuropathy, right upper extremity, is dismissed. The claim for an initial compensable rating for retinopathy is dismissed. The claim for a compensable rating for tinea versicolor, prior to July 9, 2010, and a rating in excess of 60 percent, on and after July 9, 2010, is dismissed. ____________________________________________ Michael J. Skaltsounis Acting Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs