Citation Nr: 18141731
Decision Date: 10/11/18	Archive Date: 10/11/18

DOCKET NO. 13-24 004
DATE:	October 11, 2018
ORDER
Entitlement to service connection for hypertension, on the basis of substitution is dismissed.  
Entitlement to service connection for a skin disability, on the basis of substitution is dismissed.
Entitlement to an increased rating for posttraumatic stress disorder (PTSD) rated as 50 percent disabling prior to August 31, 2012, as 70 percent disabling since August 31, 2012, and as 100 percent since August 23, 2013, on the basis of substitution is dismissed.  
FINDINGS OF FACT
1.  The appellant withdrew the claim for entitlement to service connection for hypertension, on the basis of substitution in correspondence received in September 2018.
2.  The appellant withdrew the claim for entitlement to service connection for a skin disability, on the basis of substitution in correspondence received in September 2018.
3.  The appellant withdrew the claim for entitlement to an increased rating for PTSD rated as 50 percent disabling prior to August 31, 2012, as 70 percent disabling since August 31, 2012, and as 100 percent since August 23, 2013, on the basis of substitution in correspondence received in September 2018.  
CONCLUSIONS OF LAW
1.  The criteria for withdrawal of the claim for entitlement to service connection for hypertension, on the basis of substitution have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018).   
2.  The criteria for withdrawal of the claim for entitlement to service connection for a skin disability, on the basis of substitution have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018).   
3.  The criteria for withdrawal of the claim for entitlement to an increased rating for PTSD rated as 50 percent disabling prior to August 31, 2012, as 70 percent disabling since August 31, 2012, and as 100 percent since August 23, 2013, on the basis of substitution have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018).   
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from October 1966 to October 1968.  
This case comes before the Board of Veterans’ Appeals (Board) from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  
The Veteran initially filed the claims on appeal but died in January 2017, during the pendency of this appeal.  The appellant is his surviving spouse; she has been substituted as the claimant for the purpose of processing these claims to completion.  The law was amended to permit substitution of claimants when the original claimant dies during the pendency of the claim or appeal.  38 U.S.C. § 5121A (2012).  The amendment applies to pending claims or appeals where the death occurred on or after October 10, 2008.  The appellant was substituted and adjudication of the deceased Veteran’s claims was continued on the basis of her being substituted as the claimant.  As such, the appellant-widow is a properly substituted party in this appeal.
Service Connection Claims – Hypertension and Skin Disability and Increased Rating Claim - PTSD
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. § 7105 (2012).  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 (2018).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 
(Continued on the next page)
 
In correspondence received in September 2018, the appellant notified the Board that she wished to withdraw the substitution issues on appeal.  
The withdrawal is in writing and has been associated with the claims file.   There remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review these claims, and they are therefore dismissed.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Cryan, Counsel