Citation Nr: 1320928	
Decision Date: 06/28/13    Archive Date: 07/05/13

DOCKET NO.  10-29 353	)	DATE
	)
	)

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


THE ISSUES

1.  Entitlement to an initial compensable rating for gouty joint inflammation of the bilateral first metatarsophalangeal (MTP) joints.

2.  Entitlement to an initial compensable rating for psuedofolliculitis barbae.

3.  Entitlement to an initial compensable rating for onychomycosis of the bilateral great toenails.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Kristy L. Zadora, Counsel

INTRODUCTION

The Veteran had active duty service from October 1984 to October 2004.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2009 and May 2010 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky.  The September 2009 rating decision, in pertinent part, granted the Veteran's claims for service connection for pseduofolliculitis barbae and intermittent gouty joint inflammation of the bilateral first MTP joints; an initial noncompensable rating was assigned for each disability.  The May 2010 rating decision granted his claim for service connection for onychomycosis of the bilateral great toenails and assigned an initial noncompensable rating.

A review of the Virtual VA paperless claims processing system reveals VA treatment records dated through December 2011; such records were considered in the February 2012 statement of the case (SOC) and in the February 2012 supplemental SOC. 


FINDING OF FACT

On June 14, 2013, prior to the promulgation of a decision in the instant appeal, the Board received notification from the Veteran that he was withdrawing all issues on appeal, which includes the issues of entitlement to initial compensable ratings for gouty joint inflammation of the bilateral first MTP joints, psuedofolliculitis barbae and onychomycosis of the bilateral great toenails.


CONCLUSIONS OF LAW

1.  The criteria are met for withdrawal of an appeal as to the issue of entitlement to an initial compensable rating for gouty joint inflammation of the bilateral first MTP joints.  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 of an appeal as to the issue of entitlement to an initial compensable rating for psuedofolliculitis barbae.   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 of an appeal as to the issue of entitlement to an initial compensable rating for onychomycosis of the bilateral great toenails.  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 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.  38 C.F.R. § 20.204. 

In the present case, the Veteran via his representative submitted a written statement, received on June 14, 2013, indicating his desire to withdraw all issues on appeal.  As the Veteran has withdrawn his appeals as to the issues of entitlement to initial compensable ratings for gouty joint inflammation of the bilateral first MTP joints, psuedofolliculitis barbae and onychomycosis of the bilateral great toenails, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed. 


ORDER

The appeal regarding the issue of entitlement to an initial compensable rating for gouty joint inflammation of the bilateral first MTP joints is dismissed.

The appeal regarding the issue of entitlement to an initial compensable rating for psuedofolliculitis barbae is dismissed.

The appeal regarding the issue of entitlement to an initial compensable rating for onychomycosis of the bilateral great toenails is dismissed.



____________________________________________
A. JAEGER
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs