Citation Nr: 1322300	
Decision Date: 07/11/13    Archive Date: 07/18/13

DOCKET NO.  09-26 547	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUES

1.  From May 1, 2009, entitlement to an evaluation in excess of 30 percent for radiation proctitis. 

2.  Entitlement to an increased evaluation for chronic fatigue, evaluated as 20 percent disabling prior to January 10, 2013, and evaluated as 60 percent disabling thereafter.  


REPRESENTATION

Veteran represented by:	Colorado Division of Veterans Affairs



WITNESSES AT HEARING ON APPEAL

The Veteran and his wife 


ATTORNEY FOR THE BOARD

L. Jeng, Counsel


INTRODUCTION

The Veteran served on active duty in the United States Army from June 1966 to May 1968. 
 
This case comes before the Board of Veterans' Appeals (the Board) on appeal from  rating decisions dated in December 2007 and March 2008 of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado.  In August 2012, the Veteran presented testimony in a travel board hearing before the undersigned.   In November 2012, the Board remanded the issues on appeal.  

The Board notes that the issue of entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) was also the subject of the November 2012 remand.  However, in a May 2013 rating decision, the RO granted a TDIU effective August 16, 2012.  As this represents a full grant of the benefit sought and the Veteran has not disagreed with the effective date assigned, this issue is no longer before the Board.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board).  See 38 U.S.C.A. § 7105 (c) (West 2002); 38 C.F.R. §§ 3.104, 20.302, 20.1103 (2012).




FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Veteran requested that all of the issues currently on appeal be withdrawn.


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal for an evaluation in excess of 30 percent for radiation proctitis from May 1, 2009, have been met.  38 U.S.C.A. 
§ 7105 (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of the appeal for an increased evaluation for chronic fatigue, evaluated as 20 percent disabling prior to January 10, 2013, and evaluated as 60 percent disabling thereafter, have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSIONS

A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204 (2012).

In a statement received in June 2013, the Veteran indicated that he was content with a May 2013 decision and would like to close his appeal.  Additionally, in response to the Board's inquiry, the Veteran submitted a statement in July 2013 explicitly stating that he was withdrawing any remaining issues contained in the recent Board remand.  Because the Veteran has clearly indicated his wish to withdrawal the appeals as to increased ratings for radiation proctitis and chronic fatigue, there remains no allegation of errors of fact or law for appellate consideration.  See 38 C.F.R. § 20.204 (2012).  Under 38 U.S.C.A. § 7105 (West 2002), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  Accordingly, the Board does not have jurisdiction to review these appeals and they are therefore dismissed.


ORDER

The claim as to entitlement to an evaluation in excess of 30 percent for radiation proctitis from May 1, 2009, is dismissed.  

The claim as to entitlement to an increased evaluation for chronic fatigue, evaluated as 20 percent disabling prior to January 10, 2013, and evaluated as 60 percent disabling thereafter, is dismissed.  





____________________________________________
MICHAEL A. PAPPAS
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs