Citation Nr: 18153621
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 15-40 844
DATE:	November 28, 2018
ORDER
The appeal seeking service connection for a brain tumor is dismissed.
The appeal seeking an evaluation in excess of 20 percent for type II diabetes mellitus is dismissed.
The appeal seeking an evaluation in excess of 10 percent for peripheral neuropathy of the right lower extremity is dismissed.  
The appeal seeking an evaluation in excess of 10 percent for peripheral neuropathy of the left lower extremity is dismissed.
The appeal seeking an evaluation in excess of 10 percent for gastroesophageal reflux with upper gastrointestinal symptomatology (GERD) is dismissed.
The appeal seeking an evaluation in excess of 10 percent for hypertension is dismissed.
FINDING OF FACT
An October 2018 letter from the Veteran’s attorney states the Veteran requests “that the VA cancel all of his pending appeals, in their entirety” (emphasis in original). 
CONCLUSION OF LAW
The criteria for withdrawal of the Veteran’s substantive appeals have been met with regard to the claims seeking service connection for brain tumor and increased ratings for type II diabetes mellitus, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, GERD, and hypertension.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The appellant is a Veteran who served on active duty from June 1987 to January 1991. 
These matters are before the Board of Veterans’ Appeals (Board) on appeal from July 2014 (in pertinent part, granted service connection and assigned initial ratings for type II diabetes mellitus, peripheral neuropathy both lower extremities, GERD, and hypertension) and November 2014 (in pertinent part, denied service connection for brain tumor) rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  At his request, the Veteran was scheduled for a hearing before the Board in November 2018.  This request was subsequently cancelled.
Review of the record shows the Veteran had filed an appropriate notice of disagreement with all of the issues addressed in the July 2014 rating decision, including the issues of service connection for posttraumatic stress disorder and metastatic bone disease; however, a statement of the case was never issued as to these two matters.  However, as he has requested that VA “cancel all of his pending appeals, in their entirety,” further action as to these matters is not required.  
Withdrawal
An October 2018 letter from the Veteran’s attorney states the Veteran requests “that the VA cancel all of his pending appeals, in their entirety” (emphasis in original).  
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  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 by the appellant or by her authorized representative at any time before the Board promulgates a decision, and must be in writing or on the record at a hearing.  38 C.F.R. § 20.204. 
The Veteran has properly withdrawn his appeals seeking service connection for brain tumor and increased ratings for type II diabetes mellitus, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, GERD, and hypertension.  Therefore, there remain no allegations of 
 
errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these issues and the appeals as to these claims is dismissed.

 
M. C. GRAHAM
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Hughes, Counsel