Citation Nr: 1322257 Decision Date: 07/11/13 Archive Date: 07/18/13 DOCKET NO. 09-34 402 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for hypertension, to include as secondary to Type II diabetes mellitus or due to herbicide exposure. 2. Entitlement to service connection for a bladder disorder, to include as secondary to Type II diabetes mellitus or due to herbicide exposure. 3. Entitlement to service connection for peripheral neuropathy of the bilateral lower extremities, to include as secondary to Type II diabetes mellitus or due to herbicide exposure. REPRESENTATION Appellant represented by: Vietnam Veterans of America ATTORNEY FOR THE BOARD K. Gielow, Counsel INTRODUCTION The Veteran served on active duty from October 1966 to July 1969, with service in the Republic of Vietnam from June 1968 to July 1969. He is a recipient of the Combat Action Ribbon. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee. The appeal was previously before the Board in May 2012, at which time the Board remanded the claims of entitlement to service connection for hypertension, bladder disorder, peripheral neuropathy of the upper and lower extremities, and bilateral hearing loss for further development. While in remand status, the Appeals Management Center (AMC) granted service connection for bilateral hearing loss and peripheral neuropathy of the bilateral upper extremities. See January 2013 Rating Decision. As this constitutes a full grant of benefits, these issues are no longer in appellate status. In March 2013, the Veteran also raised a new claim for entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU). It does not appear that this issue has been adjudicated by the Agency of Original Jurisdiction (AOJ), and the Board does not have jurisdiction over it. Therefore, the issue of entitlement to TDIU is hereby referred to the AOJ for appropriate action. (CONTINUED ON THE NEXT PAGE) FINDING OF FACT On June 19, 2013, the Veteran, through his representative, withdrew the claims for entitlement to service connection for hypertension, a bladder disorder, and peripheral neuropathy of the bilateral lower extremities. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to service connection for hypertension 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 issue of entitlement to service connection for a bladder disorder have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 3. The criteria for withdrawal of the issue of entitlement to service connection for peripheral neuropathy of the bilateral lower extremities 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 which 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, on June 19, 2013, prior to the promulgation of a decision in the current appeal, the Veteran's representative submitted a letter stating that the Veteran wished to withdraw his appeal of the claims for entitlement to service connection for hypertension, a bladder disorder, and peripheral neuropathy of the bilateral lower extremities. The Veteran has withdrawn these issues and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. ORDER Service connection for hypertension is dismissed. Service connection for a bladder disorder is dismissed. Service connection for peripheral neuropathy of the bilateral lower extremities is dismissed. ____________________________________________ K. OSBORNE Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs