Citation Nr: 1320485	
Decision Date: 06/25/13    Archive Date: 07/05/13

DOCKET NO.  07-10 176	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Jackson, Mississippi


THE ISSUES

1.  Entitlement to service connection for a skin disorder, to include as secondary to herbicide exposure. 

2.  Entitlement to a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU.  


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

The Veteran



ATTORNEY FOR THE BOARD

Evan M. Deichert, Counsel


INTRODUCTION

The Veteran served on active duty from May 1966 to May 1968.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of March 2006 and November 2010 rating decisions of the Jackson, Mississippi, Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before a VA Decision Review Officer (DRO) in August 2007, an Acting Veterans Law Judge in March 2008, and the undersigned Veterans Law Judge in March 2012.  Transcripts from each hearing are of record.  


FINDING OF FACT

In May 2013, prior to the promulgation of a decision in the appeal, the Board received a request to withdraw the appeal.  


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal of entitlement to service connection for a skin disorder have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of the appeal of entitlement to a TDIU 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 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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  38 C.F.R. § 20.204.  

The Board remanded the Veteran's claims in July 2012.  Following an ordered VA examination, the RO granted the Veteran an increased rating for his service-connected bilateral hearing loss.  This resulted in his receiving a 100 percent schedular rating beginning September 12, 2012.  

In light of this development, in a May 2013 letter, the Veteran wrote that he was satisfied with the decision made on appeal.  In a separate May 2013 letter with the heading "Withdrawal of Appeal," the Veteran's representative stated that the Veteran is satisfied with his 100 percent rating and wished to "accept that rating as it is."  This letter also noted that the Veteran was advised of the collateral effects of his decision, including with regard to increased ratings and effective dates.   

The Veteran and his representative have requested a withdrawal of his appeal; there remain no allegations of errors of fact or law for appellate consideration.  Thus, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The issue of entitlement to service connection for a skin disorder is dismissed.  

The issue of entitlement to a TDIU is dismissed.  

		
RONALD W. SCHOLZ 
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs