Citation Nr: 21061890
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 13-30 193
DATE: October 5, 2021

ORDER

Entitlement to service connection for allergic rhinitis is dismissed.

Entitlement to service connection for shin splints is dismissed.

Entitlement to service connection for an eye disability is dismissed.

Entitlement to service connection for a cervical spine disability is dismissed.

Entitlement to an increased rating for a lumbar spine disability, rated as 10 percent disabling prior to September 18, 2019 and 20 percent disabling thereafter, is dismissed.

Entitlement to effective date prior to April 20, 2010 for a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

On June 14, 2021, the Veteran submitted a written statement withdrawing his appeal of the denial of service connection allergic rhinitis, shin splints, an eye disability, and a cervical spine disability; an increased rating for a lumbar spine disability; and an earlier effective date for TDIU.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the issue of entitlement to service connection for allergic rhinitis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the issue of entitlement to service connection for shin splints have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of the issue of entitlement to service connection for an eye disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of the issue of entitlement to service connection for a cervical spine disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for dismissal of the issue of entitlement to an increased rating for a lumbar spine disability, rated as 10 percent disabling prior to September 18, 2019 and 20 percent disabling thereafter, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

6. The criteria for dismissal of the issue of entitlement to an effective date prior to April 20, 2010 for TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In the present case, the Veteran submitted a written statement on June 14, 2021 withdrawing his appeal of the denial of service connection allergic rhinitis, shin splints, an eye disability, and a cervical spine disability; an increased rating for a lumbar spine disability; and an earlier effective date for TDIU; hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues on appeal, and they are dismissed.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. S. Kyle, 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.