Citation Nr: 20022099
Decision Date: 03/30/20	Archive Date: 03/30/20

DOCKET NO. 17-62 452A
DATE: March 30, 2020

ORDER

The claim of entitlement to a rating higher than 30 percent prior to December 27, 2016, and a rating higher than 60 percent from that date, for herpes simplex virus type 1, is dismissed. 

The claim of entitlement to an initial, compensable rating prior to December 27, 2016, and a rating higher than 10 percent from that date, for dyshidrotic eczema, is dismissed. 

FINDING OF FACT

In written correspondence dated April 14, 2019, prior to the promulgation of an appellate decision, the Veteran withdrew from appeal the issues of entitlement to higher disability ratings for herpes simplex and dyshidrotic eczema. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who is the appellant, served on active duty in the United States Army from November 2011 to May 2015. 

This appeal to the Board of Veterans’ Appeals (Board) arose from a July 2015 rating decision. The Veteran filed a notice of disagreement (NOD) in September 2015. In November 2017, a statement of the case (SOC) was issued and the Veteran filed a timely substantive appeal (via a VA Form 9, Appeal to the Board of Veterans’ Appeals) in January 2018. Following the submission of additional evidence, a supplemental SOC (SSOC) was issued in February 2019. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

Here, in written correspondence dated April 14, 2019, the Veteran withdrew from appeal the issues of entitlement to higher disability ratings for herpes simplex and dyshidrotic eczema.  Thus, no allegations of errors of fact or law remain for appellate consideration regarding the issues.  Accordingly, the Board does not have jurisdiction to review these matters and they must be dismissed.

 

JACQUELINE E. MONROE

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.