Citation Nr: 22018193
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 20-26 989
DATE: March 28, 2022

ORDER

The appeal for service connection for bilateral hearing loss disability is dismissed since it has been withdrawn.

The appeal for service connection for allergic rhinitis is dismissed since it has been withdrawn.

The appeal for service connection for headaches is dismissed since it has been withdrawn.

The appeal for service connection for a heart disability is dismissed since it has been withdrawn.

The appeal for an increased rating for gastroesophageal reflux disease (GERD) is dismissed since it has been withdrawn.

The appeal for an effective date prior to June 8, 2018, for the award of a higher 30 percent rating for the GERD is dismissed since it has been withdrawn.

The appeal for an increased rating for somatic symptom disorder/unspecified depressive disorder is dismissed since it has been withdrawn.

The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed since it has been withdrawn.

FINDING OF FACT

In March 2022, prior to promulgation of a decision in this appeal, the Veteran (through his attorney) withdrew, in writing, the appeal of all claims pending before this Board stemming from an April 2020 Statement of the Case (SOC)  in other words, these claims of entitlement to service connection for bilateral hearing loss, allergic rhinitis, headaches, and a heart disability, and for increased ratings for GERD (including for an earlier effective date for the higher 30 percent rating) and somatic symptom disorder/unspecified depressive disorder, as well as for a TDIU.

CONCLUSION OF LAW

The criteria are met for withdrawal of these several claims for service connection for bilateral hearing loss, allergic rhinitis, headaches, and a heart disability, and for increased ratings for GERD (including for an earlier effective date for the higher 30 percent rating) and somatic symptom disorder/unspecified depressive disorder, as well as for a TDIU.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

 

In this case at hand, the appellant, through his attorney has withdrawn these several claims in writing (see March 2022 correspondence).  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 of these claims and they are summarily dismissed.

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Wishard

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.