Citation Nr: 20021027
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 17-16 863
DATE: March 24, 2020

ORDER

The Veteran’s appeal with respect a rating in excess of 60 percent for service-connected asthma is dismissed.

The Veteran’s appeal with respect a rating in excess of 30 percent for service-connected psoriasiform dermatitis is dismissed.

The Veteran’s appeal with respect a rating in excess of 10 percent for service-connected allergic rhinitis is dismissed.

FINDING OF FACT

In January 2020, prior to the promulgation of an appellate decision, the Board received written notification from the Veteran and his representative that a withdrawal of the issues on appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his or her authorized representative) 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 in the United States Army from February 1973 to February 1975 and March 1975 to December 1993.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Albuquerque, New Mexico.

The Veteran initially requested a Board hearing at a local VA office but subsequently withdrew his request.  See January 2020 Correspondence. The hearing request is deemed withdrawn.  38 C.F.R.§20.704(e).

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2018).  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.

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In the present case, the Veteran has withdrawn the issues on appeal.  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 must be dismissed.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.