Citation Nr: 21026109
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 17-34 725
DATE: April 29, 2021

ORDER

Entitlement to service connection for bronchitis is dismissed.

Entitlement to service connection for ulcers is dismissed.

Entitlement to service connection for a stomach condition, to include gastroesophageal reflex disease (GERD) is dismissed.

Entitlement to service connection for asthma is dismissed.

Entitlement to service connection for rectal bleeding is dismissed.

Entitlement to an initial compensable rating for shingles and dermatitis is dismissed.

Entitlement to a total disability rating for based on individual unemployability (TDIU), due to service-connected disabilities is dismissed.

INTRODUCTION

The Veteran served on active duty from January 2000 until January 2004.

FINDING OF FACT

In July 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw his appeal.

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal for entitlement to service connection for bronchitis have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

2.  The criteria for withdrawal of the appeal for entitlement to service connection for ulcers have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

3.  The criteria for withdrawal of the appeal for entitlement to service connection for a stomach condition, to include gastroesophageal reflex disease (GERD) have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

4.  The criteria for withdrawal of the appeal for entitlement to service connection for asthma have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

5. The criteria for withdrawal of the appeal for entitlement to service connection for rectal bleeding have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

6.  The criteria for withdrawal of the appeal for entitlement to an initial compensable rating for shingles and dermatitis have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

7.  The criteria for withdrawal of the appeal for entitlement to a total disability rating for based on individual unemployability (TDIU), due to service-connected disabilities have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING 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. § 20.204. Withdrawal may be made by the veteran or by his or her authorized representative.  38 C.F.R. § 20.204 (a).  The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing.  38 C.F.R. § 20.204 (b).

In a July 2020 correspondence, the Veteran indicated he wished to withdraw his pending appeal.  Accordingly, the Board does not have jurisdiction to review this aspect of the Veteran’s appeal, and those issues must be dismissed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Fraser, 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.