Citation Nr: 1323183	
Decision Date: 07/19/13    Archive Date: 07/24/13

DOCKET NO.  10-18 447	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUES

1.  Entitlement to service connection for a right inguinal hernia.

2.  Entitlement to an increased disability rating for service-connected chronic headaches, rated as noncompensably disabling prior to February 9, 2012, and 50 percent disabling thereafter.

3.  Entitlement to an increased disability rating for service-connected posttraumatic stress disorder (PTSD), rated as 30 percent disabling prior to February 7, 2012, and 50 percent disabling thereafter.


REPRESENTATION

Veteran represented by:	Tennessee Department of Veterans' Affairs


WITNESS AT HEARINGS ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

N. L. Northcutt, Counsel 


INTRODUCTION

The Veteran served on active duty from November 1988 to November 1992 and from February 2006 to October 2006.  

These matters are before the Board of Veterans' Appeals (Board) on appeal of  rating decisions issued in November 2008 and January 2009 by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.

In February 2010, the Veteran appeared at an RO formal hearing, and in August 2011, the Veteran appeared at a hearing before the undersigned Veterans Law Judge.  Transcripts of the hearings are in the Veteran's file.

In January 2012, the Board granted service connection for rheumatoid arthritis and denied service connection for chronic fatigue syndrome.  The Board remanded the issues of service connection for tinnitus, a right inguinal hernia, and erectile dysfunction, and the issues of increased ratings for chronic headaches and PTSD.

In January 2012, the Appeals Management Center (AMC) issued a rating decision implementing the Board's decision granting service connection for rheumatoid arthritis.

In January 2013, the AMC issued a rating decision granting service connection for tinnitus and erectile dysfunction (thereby extinguishing the appeal of these issues) and granting staged increased ratings of 50 percent for both chronic headaches and PTSD.  

In a contemporaneously issued supplemental statement of the case, the AMC adjudicated two of the issues that remain in appellate status; service connection for a right inguinal hernia and an increased rating for PTSD. As the Veteran was not awarded a 100 percent schedular rating for PTSD, the issue remains in appellate status.  Likewise, although not addressed in the supplemental statement of the case, the claim for an increased rating for chronic headaches also remains in appellate status, as the Veteran was not awarded a 100 percent rating.

The issues have been recharacterized to comport with the evidence of record.


FINDING OF FACT

In February 2013, prior to the promulgation of a decision in this appeal, the Board received a written statement from the Veteran requesting a withdrawal of this appeal.

 
CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 CONCLUSION

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.  

The appellant has indicated his desire to withdraw this appeal in a written statement; 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

The appeal is dismissed.




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




Department of Veterans Affairs