Citation Nr: 0815181 Decision Date: 05/08/08 Archive Date: 05/14/08 DOCKET NO. 05-13 723 ) DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for insomnia, narcolepsy, and impaired vision due to head injury. 2. Entitlement to service connection for tissue separation from skull as due to head injury. 3. Entitlement to service connection for cerebrovascular accident (strokes) and/or transient ischemic attacks. 4. Entitlement to an increased disability rating for service-connected residuals of a right scapula fracture, currently rated as 10 percent disabling. 5. Entitlement to an increased disability rating for service-connected prostatitis/cystitis, currently rated as 60 percent disabling. REPRESENTATION Veteran represented by: Disabled American Veterans ATTORNEY FOR THE BOARD David T. Cherry, Counsel INTRODUCTION The claimant served on active duty from March 1952 to March 1954. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2003 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. In the July 2003 rating decision, service connection was denied for various claimed disabilities due to a head injury, to include seizures, insomnia, confusion, and impaired vision;" tissue separation from skull"; hearing loss and cerebrovascular accident (strokes) and/or transient ischemic attacks. In the same decision, an increased disability rating, 10 percent, was assigned for previously service- connected residuals of a right scapula fracture, and an increased disability rating in excess of 10 percent was denied for prostatitis/cystitis. The veteran perfected an appeal as to those issues. In an October 2007 rating decision, a 60 percent disability rating was assigned for prostatitis/cystitis. Also in the October 2007 rating decision, service connection was granted for undefined epileptic episodes with dementia; a 100 percent disability rating was assigned. In that same rating decision, service connection was granted for bilateral hearing loss; a 100 percent disability rating was assigned. Also in the October 2007 rating decision, service connection was granted for tinnitus; a 10 percent disability rating was assigned. Special monthly compensation (SMC) based on deafness of both ears was granted. SMC based on the need for aid and attendance was granted. Basic eligibility to Dependents' Educational Assistance (DEA) was established. FINDING OF FACT On April 25, 2008, prior to the promulgation of a decision in the appeal, the Board received notification from the veteran, through his authorized representative, that he was withdrawing his appeal as to all issues. CONCLUSION OF LAW The criteria for withdrawal of a substantive appeal have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2007). REASONS AND BASES FOR FINDING AND CONCLUSION Relevant law and regulations Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202 (2007). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204 (2007). Analysis As was described in the Introduction, an October 2007 granted service connection for several disabilities, including assigning 100 percent ratings for seizures and deafness; and granted a number of other benefits, including SMC and DEA. It appears that the October 2007 decision satisfied the veteran. The veteran has withdrawn this appeal and, 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 and it is dismissed. ORDER The appeal is dismissed. Barry F. Bohan Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs