Citation Nr: 20008426
Decision Date: 01/31/20	Archive Date: 01/31/20

DOCKET NO. 14-20 181A
DATE: January 31, 2020

ORDER

The claim for entitlement to service connection for syphilis and entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In a written correspondence from the Veteran dated in April 9, 2019, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for entitlement to service connection for syphilis and entitlement to TDIU benefits have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1974 to July 1976.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

This matter was previously before the Board in April 2018 at which time the claim for entitlement to service connection for syphilis and total disability rating based on individual unemployability (TDIU) was remanded for further development. A review of the record reveals that the claim for TDIU was granted in a June 2018 rating decision, effective from April 2016.  

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  

Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205.  In the present case, the Veteran, through written correspondence dated April 9, 2019, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Jaigirdar, Associate Counsel

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.