Citation Nr: 1321955 Decision Date: 07/10/13 Archive Date: 07/18/13 DOCKET NO. 09-18 196 ) DATE ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia THE ISSUES 1. Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with mood disorder and alcohol abuse, in remission. 2. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for enlarged ureter, as a result of VA catheterization. 3. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for bladder condition causing frequent and irregular urination, as a result of VA treatment. 4. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for nail fungus, as a result of VA treatment. 5. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for psychiatric injury, as a result of VA treatment. 6. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for urinary tract pain, as a result of VA treatment. 7. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for a condition causing weight gain, as a result of VA treatment. 8. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for genitourinary condition causing blood in urine, as a result of VA treatment. 9. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for liver damage, as a result of VA treatment. 10. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for left kidney pain, as a result of VA treatment. 11. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for loss of bladder control, as a result of VA treatment. 12. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for addiction to pain medication as a result of VA prescription medical treatment. 13. Entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, for hemorrhoids, as a result of VA prescription medical treatment. REPRESENTATION Appellant represented by: David Huffman, Attorney ATTORNEY FOR THE BOARD Jebby Rasputnis, Associate Counsel INTRODUCTION The Veteran served on active duty from September 1977 to July 1981. This appeal to the Board of Veterans' Appeals (Board) arose from a February 2008 rating decision in which the RO granted service connection and assigned an initial 50 percent disability rating for PTSD, effective January 24, 2006, as well as denied each of the Veteran's claims for compensation benefits pursuant to the provisions of 38 U.S.C.A. § 1151. In March 2008, the Veteran filed a notice of disagreement (NOD). A statement of the case (SOC) was issued in April 2009, and the Veteran filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans' Appeals) in May 2009. A supplemental SOC (SSOC) was issued in November 2010. In February 2010, the Veteran testified during an RO hearing before a Decision Review Officer; a transcript of that hearing is of record. Although the Veteran also had requested to appear at a hearing before the Board, and a Board video-conference hearing was scheduled for June 2013, in May 2013 correspondence, the Veteran, through his attorney, withdrew the Board hearing request. See 38 C.F.R. § 20.702(e) (2012). Regarding characterization of the matters on appeal, the Board notes that the Veteran separately claimed, and the RO separately adjudicated, claims for compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151 for frequent/irregular urination, urinary tract pain, blood in urine, and loss of bladder control. However, in the November 2010 SSOC, the RO characterized these four claimed disabilities as a single issue. As the Veteran separately claimed compensation benefits for these disabilities and the RO adjudicated them separately, the Board has recharacterized the appeal as set forth on the title page to be consistent with the record. See 38 C.F.R. § 19.35 (2012) (certification is for administrative purposes and does not serve to either confer or deprive the Board of jurisdiction of an issue). FINDING OF FACT In May 2013, prior to the promulgation of a decision on the issues on appeal, the Board received notification from the Veteran, through his attorney, that he wished to withdraw all of the claims pending on appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant (or his attorney) have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). REASONS AND BASES FOR FINDING AND CONCLUSION 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.A. § 7105 (West 2002). 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 (2012). Withdrawal may be made by the Appellant or by his authorized representative. 38 C.F.R. § 20.204. In May 2013, the Board received notification from the Veteran, through his attorney, that he wished to withdraw all claims that were pending on appeal. Thus, no allegations of errors of fact or law remain for appellate consideration with respect to these matters. Accordingly, the Board does not have jurisdiction to review these matters, and they must be dismissed. ORDER The appeal is dismissed. JACQUELINE E. MONROE Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs