Citation Nr: 1322556	
Decision Date: 07/16/13    Archive Date: 07/24/13

DOCKET NO.  08-37 199	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Albuquerque, New Mexico


THE ISSUES


1. Entitlement to service connection for a skin condition, to include dryness of the skin.  

2. Entitlement to service connection for tendonitis of the legs.

3. Entitlement to service connection for tendonitis of the arms.  

4. Entitlement to service connection for azoospermia.  

5. Entitlement to an initial disability evaluation in excess of 20 percent for diabetes mellitus, type II.  

6. Entitlement to an initial compensable disability evaluation for bilateral hearing loss.  



REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

D. M. Ames, Counsel


INTRODUCTION

The Veteran had active service from June 1968 to June 1971.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico.  

A review of the Virtual VA paperless claims processing system reveals additional VA treatment records through September 2012.  In the September 2012 Supplemental Statement of the Case, the RO specifically stated that the Veteran's VA treatment records through May 2012 were reviewed prior to the adjudication of the claims.  The RO did not state that records through September 2012 were reviewed.  However, as the Veteran is withdrawing all issues on appeal, there is no prejudice to the Veteran in the Board's dismissal of his claims.  

The Veteran requested a hearing.  However, because he is withdrawing all issues on appeal, the Board considers the hearing request cancelled.  See 38 C.F.R. § 20.704 (2012). 

The issues of entitlement to service connection for peripheral neuropathy of the upper and lower extremities secondary to diabetes mellitus, service connection for erectile dysfunction secondary to diabetes mellitus, an initial disability evaluation greater than 10 percent for posttraumatic stress disorder prior to February 6, 2006 and to a disability evaluation greater than 30 percent thereafter, and an initial compensable disability evaluation for hearing loss where specifically claimed in a June 2013 statement from the Veteran's representative.  They have not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action


FINDING OF FACT

In June 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 or her authorized representative.  38 C.F.R. § 20.204.  In a June 2013 statement, the Veteran stated, "[I] wish to withdraw all issues on appeal."  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 of the issue of entitlement to service connection for a skin condition, to include dryness of the skin is dismissed.

The appeal of the issue of entitlement to service connection for tendonitis of the legs is dismissed.

The appeal of the issue of entitlement to service connection for tendonitis of the arms is dismissed.  

The appeal of the issue of entitlement to service connection for azoospermia is dismissed.  

The appeal of the issue of entitlement to an initial disability evaluation in excess of 20 percent for diabetes mellitus, type II, is dismissed.  

The appeal of the issue of entitlement to an initial compensable disability evaluation for bilateral hearing loss is dismissed.  



		
S. L. Kennedy
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs