Citation Nr: 20006006
Decision Date: 01/24/20	Archive Date: 01/23/20

DOCKET NO. 16-40 831A
DATE: January 24, 2020

ORDER

The appeal concerning entitlement to a rating in excess of 10 percent for a right tibia fracture, entitlement to service connection for a sleep disorder, entitlement to service connection for vision problems, entitlement to service connection for a rash on the hands and feet, and entitlement to service connection for a back injury is dismissed.  

FINDING OF FACT

In August 2019, prior to the promulgation of a decision on the issues of entitlement to a rating in excess of 10 percent for a right tibia fracture, entitlement to service connection for a sleep disorder, entitlement to service connection for vision problems, entitlement to service connection for a rash on the hands and feet, and entitlement to service connection for a back injury, the Veteran withdrew his entire appeal.

CONCLUSION OF LAW

1. The criteria for withdrawal of a Substantive Appeal as to the issues of entitlement to a rating in excess of 10 percent for a right tibia fracture, entitlement to service connection for a sleep disorder, entitlement to service connection for vision problems, entitlement to service connection for a rash on the hands and feet, and entitlement to service connection for a back injury have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1987 to November 1990, and from January 1991 to March 1991.  

This case comes before the Board of Veterans’ Appeals (Board) from a March 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

Dismissal

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).  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204 (2018).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204 (2018).

In August 2019, the Veteran’s representative submitted a statement indicating that the Veteran wished to cancel his request for a hearing and withdraw his appeal in this matter.  Therefore, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the entire appeal and it is dismissed as to all of the issues on appeal.  

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Daniels, Associate Attorney

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.