Citation Nr: 18143597
Decision Date: 10/19/18	Archive Date: 10/19/18

DOCKET NO. 14-31 569A
DATE:	October 19, 2018
ORDER
The appeal to establish entitlement to increased disability ratings for generalized anxiety disorder (currently assigned staged ratings of 10 percent prior to March 25, 2011; 30 percent from that date to November 13, 2016; and 70 percent from November 14, 2016) is dismissed.
The appeal to establish entitlement to an effective date prior to June 29, 2012, for the award of service connection for ischemic heart disease is dismissed.
FINDINGS OF FACT
1. Prior to promulgation of a decision by the Board, the Veteran withdrew his appeal seeking to establish entitlement to increased disability ratings for generalized anxiety disorder.
2. Prior to promulgation of a decision by the Board, the Veteran withdrew his appeal seeking to establish entitlement to an effective date prior to June 29, 2012, for the award of service connection for ischemic heart disease.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim seeking increased disability ratings for generalized anxiety disorder.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
2. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim seeking to establish entitlement to an effective date prior to June 29, 2012, for the award of service connection for ischemic heart disease.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from October 1968 to October 1972.
This case comes to the Board of Veterans’ Appeals (Board) on appeal from November 2011 and May 2013 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO).  The November 2011 rating decision awarded an increased 30 percent rating for generalized anxiety disorder while denying entitlement to any further increase of the rating.  The May 2013 rating decision granted service connection for ischemic heart disease and assigned an effective date of June 29, 2012, for that award.
During the pendency of this appeal, the RO issued a rating decision in February 2017 awarding an increase in the disability rating for generalized anxiety disorder to 70 percent, effective from November 14, 2016.
The Veteran was scheduled to testify at a Board hearing in August 2018.  However, in July 2018, the Veteran’s representative submitted a written statement to “request to withdraw appeal because the veteran is happy with his current rating.”  The statement further instructed that the Veteran wanted to cancel his Board hearing.  The Veteran’s representative confirmed that “the veteran has withdrawn his appeal” in additional correspondence in September 2018.
1. The appeal to establish entitlement to increased disability ratings for generalized anxiety disorder (currently assigned staged ratings of 10 percent prior to March 25, 2011; 30 percent from that date; and 70 percent from November 14, 2016) is dismissed.
2. The appeal to establish entitlement to an effective date prior to June 29, 2012, for the award of service connection for ischemic heart disease is dismissed.
The Veteran’s representative notified VA in July 2018, and again in September 2018, that the Veteran wished to withdraw this appeal.  The September 2018 statement clearly confirmed that “the veteran has withdrawn his appeal.”
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing or at a Board hearing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  The Veteran has properly withdrawn his appeal before the Board.  Therefore, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review this issues on appeal, and the appeal is dismissed.
 
M. C. GRAHAM
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Barone, Counsel