Citation Nr: 1829912	
Decision Date: 10/19/18    Archive Date: 10/30/18

DOCKET NO.  12-08 870	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUES

1. Entitlement to service connection for bilateral hearing loss.

2. Entitlement to an initial rating higher than 30 percent for Parkinson's disease prior to December 10, 2012.

3. Entitlement to an initial rating higher than 10 percent prior to April 23, 2015, and higher than 20 percent since April 23, 2015, for a low back disability.

4. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to December 10, 2012.


ATTORNEY FOR THE BOARD

T. Adams, Counsel
INTRODUCTION

The Veteran served on active duty from January 1958 to July 1985.  These matters are on appeal from January 2011, October 2012, May 2015, June 2015, and September 2017 rating decisions.

In December 2013, the claims for entitlement to a higher rating for Parkinson's disease and a TDIU were remanded by the Board for further development.

In January 2016, the Veteran died.  The Appellant, his widow, was subsequently substituted as claimant by the RO in March 2016 pursuant to 38 U.S.C. § 5121A.

In September 2018, the Appellant's previous representative withdrew from the case.  Therefore, the Appellant is currently unrepresented.  See 38 C.F.R. § 14.631 (c).


FINDING OF FACT

In a September 10, 2018 statement, which was received prior to the promulgation of a decision in the appeal, the Appellant withdrew her appeal on the issues of entitlement to service connection for bilateral hearing loss; entitlement to increased ratings for Parkinson's disease and a low back disability; and a TDIU prior to December 10, 2012.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issues of entitlement to service connection for bilateral hearing loss; entitlement to increased ratings for Parkinson's disease and a low back disability; and a TDIU prior to December 10, 2012, have been met.  38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).


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. § 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2018).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.  38 C.F.R. § 20.204.  Here, in a September 2018 written statement, the Appellant withdrew the issues of entitlement to service connection for bilateral hearing loss; entitlement to increased ratings for Parkinson's disease and a low back disability; and a TDIU prior to December 10, 2012.  Hence, there remain no allegations of errors of fact or law for appellate consideration regarding these claims, the Board does not have jurisdiction to review them, and they are dismissed.

ORDER

The issues of entitlement to service connection for bilateral hearing loss; entitlement to increased ratings for Parkinson's disease and a low back disability; and a TDIU prior to December 10, 2012, are dismissed.



____________________________________________
KELLI A. KORDICH
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs