Citation Nr: 1323721 Decision Date: 07/25/13 Archive Date: 08/06/13 DOCKET NO. 11-26 509A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for erectile dysfunction. 2. Entitlement to service connection for an eye disability. 3. Entitlement to service connection for headaches. 4. Entitlement to service connection for dizziness. 5. Entitlement to service connection for a neck strain. 6. Entitlement to service connection for a right knee disability. 7. Entitlement to service connection for a left knee disability. 8. Entitlement to service connection for a right ankle disability. 9. Entitlement to service connection for a left ankle disability. 10. Entitlement to service connection for a right shoulder disability. 11. Entitlement to service connection for a left shoulder disability. 12. Entitlement to service connection for a left foot disability. 13. Entitlement to service connection for a right foot disability. 14. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a sleep disorder, claimed as insomnia. 15. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to October 22, 2010. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The Veteran and his spouse ATTORNEY FOR THE BOARD Tiffany Berry, Counsel INTRODUCTION The Veteran served on active duty from January 1989 to January 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from March and September 2010 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO), in Waco, Texas. In March 2011, the Veteran and his spouse testified at a hearing before RO personnel. A transcript of that hearing is of record. An October 2012 rating decision, issued during the pendency of the Veteran's appeal, granted entitlement to a TDIU, effective from October 22, 2010. In July 2013, prior to the Veteran's scheduled video-conference hearing, he submitted a signed statement withdrawing his request for a hearing. 38 C.F.R. § 20.704(e) (2012). FINDING OF FACT On a July 2013 statement submitted prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issues of entitlement to service connection for erectile dysfunction, an eye disability, headaches, dizziness, a neck strain, right and left knee disabilities, right and left ankle disabilities, right and left shoulder disabilities, right and left foot disabilities, a sleep disorder, and entitlement to a TDIU prior to October 22, 2010. CONCLUSION OF LAW The criteria for withdrawal of the appeal of the issues of entitlement to service connection for erectile dysfunction, an eye disability, headaches, dizziness, a neck strain, right and left knee disabilities, right and left ankle disabilities, right and left shoulder disabilities, right and left foot disabilities, a sleep disorder, and entitlement to a TDIU prior to October 22, 2010 are 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. 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. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In a statement dated July 16, 2013, and received by the Board on July 24, 2013, the Veteran indicating that he wished to withdraw from appellate consideration his appeal as to all issues because he is satisfied with the grant of entitlement to a TDIU. The Board finds that the Veteran's written statement indicating his intention to withdraw his claims on appeal satisfies the requirements for the withdrawal of a substantive appeal. See, e.g., Tomlin v. Brown, 5 Vet. App. 355 (1993). As the Veteran has withdrawn his appeals concerning the issues of entitlement to service connection for erectile dysfunction, an eye disability, headaches, dizziness, a neck strain, right and left knee disabilities, right and left ankle disabilities, right and left shoulder disabilities, right and left foot disabilities, a sleep disorder, and entitlement to a TDIU prior to October 22, 2010, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these claims on appeal and they are dismissed. ORDER The appeal as to the claim of entitlement to service connection for erectile dysfunction is dismissed. The appeal as to the claim of entitlement to service connection for eye disability is dismissed. The appeal as to the claim of entitlement to service connection for headaches is dismissed. The appeal as to the claim of entitlement to service connection for dizziness is dismissed. The appeal as to the claim of entitlement to service connection for a neck strain is dismissed. The appeal as to the claim of entitlement to service connection for a right knee disability is dismissed. The appeal as to the claim of entitlement to service connection for a left knee disability is dismissed. The appeal as to the claim of entitlement to service connection for a right ankle disability is dismissed. The appeal as to the claim of entitlement to service connection for a left ankle disability is dismissed. The appeal as to the claim of entitlement to service connection for a right shoulder disability is dismissed. The appeal as to the claim of entitlement to service connection for a left shoulder disability is dismissed. The appeal as to the claim of entitlement to service connection for a left foot disability is dismissed. The appeal as to the claim of entitlement to service connection for a right foot disability is dismissed. The appeal as to the claim of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for sleep disorder, claimed as insomnia, is dismissed. The appeal as to the claim of entitlement to a total disability rating based on individual unemployability (TDIU) prior to October 22, 2010, is dismissed. ____________________________________________ STEVEN D. REISS Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs