Citation Nr: 18151869
Decision Date: 11/20/18	Archive Date: 11/20/18

DOCKET NO. 15-41 292
DATE:	November 20, 2018
ORDER
Entitlement to service connection for a vision disability is dismissed.
Entitlement to service connection for sleep apnea is dismissed.
Entitlement to service connection for diabetes mellitus is dismissed.
Entitlement to service connection for a disability manifested by memory loss is dismissed.
Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.
Entitlement to a rating in excess of 10 percent for right knee chondromalacia patella is dismissed.
Entitlement to a rating in excess of 10 percent for left knee chondromalacia patella is dismissed.
Entitlement to a rating in excess of 10 percent for migraine headaches is dismissed.
Entitlement to a temporary total evaluation based on hospitalization for PTSD is dismissed.

FINDING OF FACT
In October 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s representative that a withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran (through his authorized representative) 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 military service from March 2006 to August 2006 and from August 2007 to June 2009.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by his authorized representative.  38 C.F.R. § 20.204.  A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (b)(1). 
In October 2018, the Veteran’s former representative indicated during a phone call with the VA that the Veteran requested that the July 31, 2013, and December 22, 2014, appeals be withdrawn.  The request was reduced to writing in the October 29, 2017, VA Report of General Information.  See VA 21-0820 Form.  The Board notes that the July 31, 2013, Notices of Disagreement included the issues of increased ratings for PTSD, right knee chondromalacia, left knee chondromalacia, and migraine headaches; issues of service connection for vision impairment, memory loss, sleep apnea, and diabetes mellitus; and the issue of a TDIU.  The sole issue noted in the December 22, 2014, Notice of Disagreement was entitlement to a temporary total evaluation because of hospital treatment in excess of 21 days for PTSD.
Withdrawal of an appeal is only effective where the withdrawal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011)).  The Board finds that the withdrawal met the aforementioned where the Veteran’s representative called on behalf of the Veteran to withdraw the appeal.  
Importantly, the withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.204 (b)(3).  Therefore, the Veteran has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 
 Yvette R. White
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. Olson, Counsel