Citation Nr: 18148149
Decision Date: 11/07/18	Archive Date: 11/06/18

DOCKET NO. 18-01 623
DATE:	November 7, 2018
ORDER
Entitlement to a concurrent retirement and Department of Veterans Affairs (VA) disability payment in an amount greater than $3,211.39 is dismissed.
FINDING OF FACT
In an October 2018 statement, the appellant specifically withdrew the issue of entitlement to a concurrent retirement and VA disability payment in an amount greater than $3,211.39.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the appellant of the issue of entitlement to a concurrent retirement and VA disability payment in an amount greater than $3,211.39 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 had active service in the United States Army from April 1953 to April 1955. He also had additional service in the Oklahoma Army National Guard from December 1974 to April 1993.
This claim was remanded by the Board in May 2017 for the issuance of a Statement of the Case. In December 2017, the Regional Office issued a Statement of the Case. Then in January 2018, the Veteran filed a VA Form 9, Appeal to the Board. 
Entitlement to a concurrent retirement and VA disability payment in an amount greater than $3,211.39
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 An appeal may be withdrawn in writing or in testimony at a hearing. 38 C.F.R. § 20.204. In this case, the Veteran in an October 2018 statement withdrew the issue of entitlement to a concurrent retirement and VA disability payment in an amount greater than $3,211.39. Therefore, there remain no allegations of errors of fact or law for appellate consideration as it relates to this claim. Accordingly, the Board does not have jurisdiction to review the appeal as to this issue, and it is dismissed without prejudice.
 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Parke