Citation Nr: 18151023
Decision Date: 11/20/18	Archive Date: 11/16/18

DOCKET NO. 14-38 110
DATE:	November 20, 2018
ORDER
Entitlement to an initial compensable rating for bilateral hearing loss from January 8, 2013 to April 15, 2018, and a rating in excess of 20 percent from April 16, 2018 is dismissed.
Entitlement to an initial rating in excess of 20 percent for diabetes mellitus, type II, with erectile dysfunction, diabetic neuropathy, and onychomycosis is dismissed.
Entitlement to an initial rating in excess of 30 percent for an acquired psychiatric disorder to include post-traumatic stress disorder (PTSD) and depressive disorder is dismissed.
Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.
FINDINGS OF FACT
1. In a November 2018 written statement, the Veteran, through his representative, withdrew the claim of entitlement to an initial compensable rating for bilateral hearing loss from January 8, 2013 to April 15, 2018, and a rating in excess of 20 percent from April 16, 2018.
2. In a November 2018 written statement, the Veteran, through his representative, withdrew the claim of entitlement to an initial rating in excess of 20 percent for diabetes mellitus, type II, with erectile dysfunction, diabetic neuropathy, and onychomycosis. 
3. In a November 2018 written statement, the Veteran, through his representative, withdrew the claim of entitlement to an initial rating in excess of 30 percent for an acquired psychiatric disorder to include post-traumatic stress disorder (PTSD) and depressive disorder.
4. In a November 2018 written statement, the Veteran, through his representative, withdrew the claim of entitlement to a TDIU.
CONCLUSIONS OF LAW
1. The criteria are met for withdrawal of the substantive appeal for entitlement to an initial compensable rating for bilateral hearing loss from January 8, 2013 to April 15, 2018, and to a rating in excess of 20 percent from April 16, 2018.  38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
2. The criteria are met for withdrawal of the substantive appeal for entitlement to an initial rating in excess of 20 percent for diabetes mellitus, type II, with erectile dysfunction, diabetic neuropathy, and onychomycosis.  38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
3. The criteria are met for withdrawal of the substantive appeal for entitlement to an initial rating in excess of 30 percent for an acquired psychiatric disorder, to include post-traumatic stress disorder and depressive disorder.  38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
4. The criteria are met for withdrawal of the substantive appeal for entitlement to a TDIU.  38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202 (2017).
Prior to the promulgation of a decision in this case, in a November 2018 signed, written statement submitted through his representative, the Veteran withdrew his entire appeal.  The Veteran’s representative specifically stated that the Veteran requests his appeal be withdrawn.  Accordingly, no allegations of errors of fact or law remain for appellate consideration with respect to this matter.  The Board does not have jurisdiction to review the issues on appeal and they are therefore dismissed.
 
V. Chiappetta 
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Giaquinto, Associate Counsel