Citation Nr: 21011432 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 16-28 890 DATE: March 1, 2021 ORDER The appeal is dismissed. REFERRED ISSUE As discussed more below, in June 2018 the Veteran opted in to the RAMP program. Although the RO issued various higher level review decisions in 2018 and 2019, it appears the RO missed a claim to reopen service connection for dyshidrotic eczema. This was perfected for appeal in January 2016, since the Veteran checked the box on his Form 9 that he wanted to appeal all issues in the Statement of the Case. Thus, RO must address this issue under RAMP accordingly. FINDING OF FACT Prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, in January 2021, that a withdrawal of appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from August 1968 to July 1971. There is a long procedural history in this case. In 2016 and 2017, the Veteran perfected appeals as to the following issues: increased ratings for posttraumatic stress disorder (PTSD) and erectile dysfunction; service connection for both legs and back conditions; and whether new and material evidence had been received to reopen a claim for entitlement to service connection for dyshidrotic eczema. In August 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act or AMA), Pub. Law 115-55, which created a new claims and appeals process for pursuing VA benefits. The Agency of Original Jurisdiction (AOJ) invited the Veteran to opt-in to the Rapid Appeals Modernization Program (RAMP), a temporary program that allowed early participation in the new appeals process before the AMA became effective in February 2019. In June 2018, the Veteran elected to participate in RAMP. In doing so, he acknowledged that he was withdrawing all eligible, pending compensation appeals in their entirety and any associated hearing requests, and that eligible appeals would be processed under the AMA system. Therefore, all the 2016 and 2017 appeals were withdrawn when the Veteran opted into RAMP, and he did not appeal any of the subsequent higher level review decisions. In 2018, the Veteran filed claims for increased ratings for bilateral hearing loss and tinnitus. The Statement of the Case was dated March 24, 2020, and his Form 9 was received April 21, 2020. He requested a hearing before the Board as to these issues, and one was scheduled for January 21, 2021. Although the Veteran appeared before the undersigned that day, after consultation with his representative, he chose to withdraw his pending appeals. 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. 38 C.F.R. § 19.55. In the present case, the Veteran, through his authorized representative, has withdrawn increased rating claims for tinnitus and bilateral hearing loss (see January 2021 correspondence letter) and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these issues and they are dismissed. MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Lee 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.