Citation Nr: 18106933
Decision Date: 06/01/18	Archive Date: 05/31/18

DOCKET NO. 15-03 639A
DATE:	June 1, 2018
ORDER
Entitlement to service connection for tinnitus is dismissed.
Entitlement to a compensable rating for dermatophytosis of the bilateral feet is dismissed. 
FINDING OF FACT
On October 30, 2017, prior to the promulgation of a decision in the appeal, the Veteran submitted a letter indicating that he wanted to withdraw his appeal for entitlement to service connection for tinnitus and for entitlement to a compensable rating for dermatophytosis of the bilateral feet. 
CONCLUSION OF LAW
The criteria for withdrawal of an appeal on the issue of entitlement to service connection for tinnitus and entitlement to a compensable rating for dermatophytosis for the bilateral feet have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from July 1964 to July 1968. 
This matter comes before the Board of Veterans’ Appeals (the Board) on appeal from a September 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).
In an April 2017 rating decision, the RO determined that there was clear and unmistakable error in the September 2010 rating decision and restored the prior initial rating for dermatophytosis of the bilateral feet from noncompensable to 10 percent effective July 16, 1968.  Nevertheless, the issue remains in appellate status, as the maximum schedular rating was not assigned.  AB v. Brown, 6 Vet. App. 35, 38 (1993).
While the Veteran initially requested a hearing before a Veterans Law Judge, in October 2017, the Veteran withdrew that request.  See 38 C.F.R. § 20.704(e) (2017).
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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204.
On October 27, 2017, prior to the promulgation of a decision in the appeal, the Veteran submitted a letter indicating that he wanted to withdraw his appeal for entitlement to service connection for tinnitus and entitlement to a compensable rating for dermatophytosis of the bilateral feet.  Hence, there remain no allegations of errors of fact or law with respect to the issues of entitlement to service connection for tinnitus and entitlement to a compensable rating for dermatophytosis of the bilateral feet.  Accordingly, the Board does not have jurisdiction to review those issues, and they are dismissed.


 
DONNIE R. HACHEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Brandt, Associate Counsel