Citation Nr: 18149083
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 16-20 641
DATE:	November 8, 2018
ORDER
The appeal seeking service connection for a respiratory disability claimed as due to exposure to asbestos, type 2 diabetes mellitus claimed as due to exposure to herbicide agents and asbestos, peripheral neuropathy of the upper extremities, peripheral neuropathy of the lower extremities, and erectile dysfunction, is dismissed.
The appeal seeking a total disability rating based on individual unemployability due to service-connected disability (TDIU) is dismissed.  
FINDING OF FACT
In October 2018, prior to the promulgation of a decision in the appeal, the VA received a written statement from the Veteran, through his attorney, that it was his intent to withdraw his appeal regarding the claims of service connection for a respiratory disability claimed as due to exposure to asbestos, type 2 diabetes mellitus claimed as due to exposure to herbicide agents and asbestos, peripheral neuropathy of the upper extremities, peripheral neuropathy of the lower extremities, and erectile dysfunction, and the claim for a TDIU; there is no question of fact or law in these matters remaining before the Board.
CONCLUSION OF LAW
Regarding the claims of entitlement to service connection for a respiratory disability claimed as due to exposure to asbestos, type 2 diabetes mellitus claimed as due to exposure to herbicide agents and asbestos, peripheral neuropathy of the upper extremities, peripheral neuropathy of the lower extremities, and erectile dysfunction, and entitlement to a TDIU, the criteria for withdrawal of an appeal by the Veteran (or his attorney) are met; the Board has no further jurisdiction in the matters.  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 in the Navy from August 1973 to October 1974.  This case is before the Board of Veterans’ Appeals (Board) on appeal of a March 2012 rating decision (the service connection claims on appeal were denied and the TDIU claim was later added as an intertwined claim).  In his May 2016 substantive appeal, the Veteran requested a hearing before a Veterans Law Judge, which was scheduled for November 2018, but he withdrew his hearing request in October 2018.  
The issues of entitlement to service connection for a psychiatric disability including posttraumatic stress disorder (PTSD) and major depressive disorder, chronic fatigue syndrome, and insomnia, and whether new and material evidence has been received to reopen a claim of service connection for hypertension, have been raised by the Veteran in January 2014, but have not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action.  38 C.F.R. § 19.9(b).  
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 authorized representative.  38 C.F.R. § 20.204.  
In the present case, the Veteran, through his attorney, sent a written statement in October 2018 to the VA, expressing his intent to withdraw his appeal seeking entitlement to service connection for a respiratory disability claimed as due to exposure to asbestos, type 2 diabetes mellitus claimed as due to exposure to herbicide agents and asbestos, peripheral neuropathy of the upper extremities, peripheral neuropathy of the lower extremities, and erectile dysfunction, and entitlement to a TDIU.  Hence, there remain no allegations of errors of fact or law for appellate consideration on the claims.  Accordingly, the Board does not have jurisdiction to review the appeal in these matters, and the appeal must be dismissed.  
 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Debbie Breitbeil, Counsel