Citation Nr: 18142399
Decision Date: 10/15/18	Archive Date: 10/15/18

DOCKET NO. 15-06 120A
DATE:	October 15, 2018
ORDER
The appeal is dismissed.  
 
FINDING OF FACT
Prior to the promulgation of a Board decision, the Veteran, through his representative, withdrew the appeal.  
CONCLUSION OF LAW
The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.  
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from April 1977 to March 1992.  
This case comes from an October 2011 rating decision.  
In a September 2017 rating decision, service connection for cardiomyopathy was granted and a 100 percent rating was assigned.  This represents a full grant of the benefit sought with respect to that issue.  
In January 2018, the Veteran withdrew his request for a Board hearing.  
The issue of entitlement to a TDIU was part and parcel of the increased rating claim.  Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009).  
1. Whether new and material evidence has been received to reopen a claim of service connection for residuals of cold injury involving finger pads of all fingers and hands.  
2. Whether new and material evidence has been received to reopen a claim of service connection for headaches.  
3. Whether new and material evidence has been received to reopen a claim of service connection for tinnitus.  
4. Service connection for radiculopathy of the right lower extremity.  
5. A compensable rating for pseudofolliculitis barbae.  
6. A rating in excess of 20 percent for recurrent lumbar pain with a history of strain, herniated disc L4-5, and degenerative joint disease with intermittent radiculopathy.  
7. TDIU.  
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  
First, in December 2017, the Veteran’s representative stated: “Please withdraw all issues on appeal at the BVA hearing scheduled…as the [V]eteran is already 100 [percent, permanent and total] and was granted parts of this appeal…[The] Veteran does not want to pursue the claim.”  Later, in and October 2018 brief, the Veteran’s representative stated that the Veteran withdraws the appeal with respect to all of the claims.
The Board finds that the Veteran’s withdrawal of the appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  This was an express statement made by the Veteran’s representative and consistent with wishes of the Veteran.  
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Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to the appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.
 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. TAYLOR