Citation Nr: 19124679
Decision Date: 04/02/19	Archive Date: 04/02/19

DOCKET NO. 11-18 649A
DATE:	April 2, 2019

ORDER

Entitlement to an increased rating in excess of 30 percent for peripheral neuropathy, left upper extremity is dismissed.

Entitlement to an increased rating in excess of 40 percent for peripheral neuropathy, right upper extremity is dismissed.

Entitlement to an increased rating in excess of 40 percent for peripheral neuropathy, left lower extremity is dismissed.

Entitlement to an increased rating in excess of 40 percent for peripheral neuropathy, right lower extremity is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) before November 4, 2010 is dismissed.

FINDING OF FACT

In a statement of May 2018 and letter received in January 2019, the Veteran requested to withdraw all issues on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to an increased rating in excess of 30 percent for peripheral neuropathy, left upper extremity.  38 U.S.C. § 7105 (b), (d) (2012); 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 an increased rating in excess of 40 percent for peripheral neuropathy, right upper extremity.  38 U.S.C. § 7105 (b), (d) (2012); 38 C.F.R. § 20.204 (2017).

3. The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to an increased rating in excess of 40 percent for peripheral neuropathy, left lower extremity.  38 U.S.C. § 7105 (b), (d) (2012); 38 C.F.R. § 20.204 (2017).

4. The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to an increased rating in excess of 40 percent for peripheral neuropathy, right lower extremity.  38 U.S.C. § 7105 (b), (d) (2012); 38 C.F.R. § 20.204 (2017).

5. The criteria for withdrawal of a substantive appeal have been met with respect to the issue of entitlement to a TDIU before November 4, 2010.  38 U.S.C. § 7105 (b), (d) (2012); 38 C.F.R. § 20.204 (2017).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service in the Army from January 1967 to December 1968.

Increased Rating Claims and TDIU

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.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

In a statement of May 2018 and letter received in January 2019, the Veteran requested to withdraw all issues on appeal.  Thus, there remain no allegations of error of fact or law for appellate consideration with respect to these issues. Accordingly, the Board does not have jurisdiction to review the appeal on these matters, and they are dismissed. 

. 



 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	M. Zimmerman, Associate Counsel