Citation Nr: 18124012 Decision Date: 08/03/18 Archive Date: 08/03/18 DOCKET NO. 15-33 334 DATE: August 3, 2018 ORDER 1. The appeal for entitlement to an initial rating in excess of 10 percent for hypertension is dismissed. 2. The appeal for entitlement to a total disability rating based upon unemployability (TDIU) is dismissed. FINDINGS OF FACT 1. Through a November 2017 statement, the Veteran and his attorney requested to withdraw his hypertension appeal. 2. Through a November 2017 statement, the Veteran and his attorney requested to withdraw his TDIU appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the entitlement to an initial rating in excess of 10 percent for hypertension appeal have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). 2. The criteria for withdrawal of the TDIU appeal have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from April 1998 to June 2008. 1. Entitlement to an initial rating in excess of 10 percent for hypertension 2. Entitlement to a TDIU The Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appellant or an authorized representative may withdraw any or all issues involved in an appeal at any time before the Board promulgates a decision. See 38 C.F.R. § 20.204. In February 2013, the Veteran submitted a Notice of Disagreement for the January 2013 rating decision that denied an increased rating for hypertension, currently noncompensable; service connection for major depressive disorder (MDD), post-traumatic stress disorder (PTSD), mood disorder, and adjustment disorder; and entitlement to a TDIU. In a March 2017 rating decision, the RO granted an increased rating from noncompensable to 10 percent for hypertension and service connection for PTSD with MDD and anxiety disorder (also claimed as mood disorder and adjustment disorder). His combined disability rating became 100 percent. In an October 2017 letter, the Board notified the Veteran that his appeal had been placed on the Board’s docket. In a November 2017 statement, the Veteran and his attorney stated that he received the March 2017 rating decision and that he was satisfied with the decision. He requested to withdraw all remaining issues on appeal. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these appeals and they are dismissed. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Fowler, Associate Counsel
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