Citation Nr: 18100741
Decision Date: 04/20/18	Archive Date: 04/20/18

DOCKET NO. 14-38 312
DATE:	April 20, 2018
ISSUES DECIDED:	2	ISSUES REMANDED:	0
 
ORDER
The issue of entitlement to service connection for surgical repair of rotator cuff of the bilateral shoulders is dismissed.
The issue of entitlement to service connection for diabetes type II is dismissed.
FINDINGS OF FACT
1. In correspondence received in February 2018, prior to the promulgation of a decision in the appeal, the Veteran withdrew the appeal of the issue of entitlement to service connection for surgical repair of rotator cuff of the bilateral shoulders.
2. In correspondence received in February 2018, prior to the promulgation of a decision in the appeal, the Veteran withdrew the appeal of the issue of entitlement to service connection for diabetes type II.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to service connection for surgical repair of rotator cuff of the bilateral shoulders.  38 U.S.C. § 7105 (b)(2), (d)(5) (2014); 38 C.F.R. § 20.204 (2017).
2. The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to service connection for diabetes type II.  38 U.S.C. § 7105 (b)(2), (d)(5) (2014); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active military service from January 1971 to January 1972.
This matter comes before the Board of Veterans’ Appeals (Board) from a February 2012 rating decision from a Department of Veterans Affairs (VA) Regional Office.
In his October 2014 Substantive Appeal (VA Form 9), the Veteran requested a Board hearing via videoconference.  In February 2018, the Veteran submitted a statement through his representative that he no longer desired a hearing on the issues before the Board.  Therefore, the request for a Board hearing is deemed withdrawn.  See 38 C.F.R. § 20.704 (e).
A review of the record reflects that the Agency of Original Jurisdiction (AOJ) issued a Statement of the Case as to the Veteran’s claims of entitlement to service connection for multiple myeloma and Waldenstrom’s macroglobulinemia in September 2017.  A VA Form 9, Appeal to the Board of Veterans’ Appeals, was received in November 2017; however, this matter has not been certified to the Board and the Board declines to accept jurisdiction at this time since the AOJ may not have completed action on these issues.  Accordingly, these issues will be the subject of a subsequent Board decision, if otherwise in order.
 
Withdrawn Claims
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 at any time before the Board promulgates a decision.  38 C.F.R. § 20.202 (2017). 
Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204 (b).  Withdrawal may be made by the appellant or by his authorized representative. 38 C.F.R. § 20.204 (2017). 
In correspondence received in February 2018, the Veteran, through his representative, requested to withdraw the issues of entitlement to service connection for surgical repair of rotator cuff of the bilateral shoulders and entitlement to service connection for diabetes type II; hence, there remain no allegations of errors of fact or law for appellate consideration with respect to these issues.  Accordingly, the Board does not have jurisdiction to review these issues and they are dismissed.

 
 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. M. Johnson, Counsel