Citation Nr: 18143149
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 16-18 164
DATE:	October 18, 2018
ORDER
Entitlement to a disability rating in excess of 30 percent for asthma is dismissed.
FINDING OF FACT
In a June 2017 correspondence, the Veteran explicitly and unambiguously withdrew his increased rating claim for asthma.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran (or his representative) of the claim for a disability rating in excess of 30 percent for asthma have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from November 1996 to February 2000.  
During the period of the appeal, the RO granted an earlier effective date for the Veteran’s increased rating claim for service-connected asthma, rated as 30 percent disabling, to March 15, 2013, the original date of claim.  Therefore, that claim has been resolved and is no longer before the Board on appeal.  
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. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, in June 2017, the Veteran requested that his increased rating claim for asthma be withdrawn.  However, in May 2018, after the request for withdrawal was received, the Veteran’s representative submitted an Informal Hearing Presentation listing the increased rating claim for asthma.  As the Veteran has not given any indication that he would like to continue his appeal for a disability rating in excess of 30 percent for asthma, nor has he submitted any new evidence to further his claim, the Board accordingly has determined that it does not have jurisdiction to review this appeal, and it is dismissed.

 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Abrams, Associate Counsel