Citation Nr: 18159278
Decision Date: 12/19/18	Archive Date: 12/18/18

DOCKET NO. 16-34 899
DATE:	December 19, 2018
ORDER
Entitlement to a compensable rating for chronic sinusitis with a history of barotrauma is dismissed.
FINDING OF FACT
The Veteran has explicitly, unambiguously, and with a full understanding of the consequences, withdrawn his appeal of the rating assigned for chronic sinusitis with a history of barotrauma.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal of the rating assigned for chronic sinusitis with a history of barotrauma have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Board may dismiss any appeal that fails to allege a 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204(a).  Withdrawal may be made by the appellant or by his or her authorized representative on the record during a hearing before the Board or in writing.  38 C.F.R. § 20.204(b).
Here, the Veteran explicitly withdrew his appeal of the rating assigned for chronic sinusitis with a history of barotrauma in a November 2018 written statement.  The Veteran’s full understanding of the consequences of the withdrawal is evident because he explicitly asked for the appeal to be dismissed.  The Board acknowledges the November 2018 written statement also asked for appeals of the ratings assigned for the Veteran’s service-connected knee and ankle disabilities to be dismissed.  Although these issues were addressed in the May 2016 statement of the case that led to this appeal, they were not included on the Veteran’s July 2016 substantive appeal and were not certified to the Board.  Thus, the Board finds dismissal of the issues unnecessary.  In sum, the Board finds the Veteran has explicitly, unambiguously, and with a full understanding of the consequences, withdrawn his appeal of the rating assigned for chronic sinusitis with a history of barotrauma, which is the only issue pending before the Board at this time.  See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  There is no remaining allegation of error of fact or law for appellate consideration.  Therefore, the Board does not have jurisdiction to review the Veteran’s appeal, and it is dismissed.
 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. S. Kyle, Counsel