Citation Nr: 18153298
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 18-15 114
DATE:	November 27, 2018
ORDER
The appeal seeking increased ratings for coronary artery disease (CAD)/ischemic heart disease (IHD), status post coronary artery bypass graft (CABG), currently evaluated as 10 percent disabling from December 31, 2014; 30 percent disabling from May 24, 2016; and 60 percent disabling from March 28, 2017, is dismissed.
The appeal seeking a temporary total evaluation for convalescence following August 2014 coronary bypass surgery is dismissed.   
FINDINGS OF FACT
1. The Veteran served on active duty in the United States Army from March 1971 to March 1973, with additional National Guard service from February 1991 to February 1992.
2. In October 2018, prior to the promulgation of a decision with respect to this appeal, the Veteran withdrew his claims seeking increased ratings for a heart disability and a temporary total evaluation due to convalescence.
CONCLUSIONS OF LAW
1. The criteria for the withdrawal of the issue of entitlement to increased ratings for CAD/IHD, status post CABG, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
2. The criteria for the withdrawal of the issue of entitlement to a temporary total evaluation for convalescence following August 2014 coronary bypass surgery have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary.  38 U.S.C. § 7104.  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An appeal may be withdrawn by the appellant or by his or her authorized representative, in writing or on the record at a hearing, at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204(b)(3).
In an October 2018 written statement, the Veteran requested to withdraw the pending appeals.  No adjudicatory actions have been taken since that time.  Moreover, these withdrawals were requested prior to the promulgation of a Board decision on these matters, such that there are no allegations of error of fact or law remaining for appellate consideration.  


Thus, for the preceding reasons, the Board does not have jurisdiction to further consider these matters and they are hereby dismissed.


 
Evan Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Deichert, Evan M.