Citation Nr: 18146963
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 10-22 838A
DATE:	November 2, 2018
ORDER
The appeal as to the claim of entitlement to service connection for a skin disorder, to include as secondary to herbicide exposure, is dismissed.
The appeal as to the claim of entitlement to an initial compensable evaluation for service-connected diverticular disease prior to May 19, 2011, and in excess of 30 percent thereafter, is dismissed. 
FINDING OF FACT
In September 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw his appeal for the issues of entitlement to service connection for a skin disorder, to include as secondary to herbicide exposure, and entitlement to an initial compensable evaluation prior to May 19, 2011, for the service-connected diverticular disease, and in excess of 30 percent thereafter.

CONCLUSIONS OF LAW
1.  The criteria for withdrawal of the appeal of entitlement to service connection for a skin disorder, to include as secondary to herbicide exposure, have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2018).
2.  The criteria for withdrawal of the appeal of entitlement to an initial compensable evaluation for service-connected diverticular disease prior to May 19, 2011, and in excess of 30 percent thereafter, have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2018).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran had active service in the United States Army from May 1966 to October 1971 and from March 1993 to November 2006, with additional National Guard service.  Amongst other commendations, the Veteran’s decorations include a Combat Infantry Badge and Purple Heart Medal.  The Veteran’s service was under honorable conditions. 
These matters are on appeal from a February 2008 rating decision. 
An October 2012 rating decision granted an increased rating of 30 percent for the service-connected diverticular disease, effective May 19, 2011.  
These matters were previously before the Board in June 2016. 
1.  Entitlement to service connection for a skin disorder, to include as secondary to herbicide exposure.
See argument Below at 2
2.  Entitlement to an initial compensable evaluation for service-connected diverticular disease prior to May 19, 2011, and in excess of 30 percent thereafter. 
Withdrawal 
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 a September 2018 written submission, the Veteran’s attorney informed VA that the Veteran wished to withdraw his appeal.  
As the Veteran has withdrawn his appeal, there remains no allegation of error of fact or law for appellate consideration.  
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.  




Accordingly, the appeal of entitlement to service connection for entitlement to service connection for a skin disorder, to include as secondary to herbicide exposure, and entitlement to an initial compensable evaluation prior to May 19, 2011, for the service-connected diverticular disease, and in excess of 30 percent thereafter, are dismissed. 

 
 
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Sara Schinnerer, Counsel