Citation Nr: 1324261 Decision Date: 07/31/13 Archive Date: 08/07/13 DOCKET NO. 05-03 125 ) DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for a low back disorder. 2. Entitlement to service connection for a neck disorder. 3. Entitlement to service connection for erectile dysfunction (ED). 4. Entitlement to a higher initial rating for post-traumatic stress disorder (PTSD). 5. Entitlement to an earlier effective date for the grant of service connection for PTSD. 6. Entitlement to an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU). 7. Entitlement to special month compensation (SMC) due to loss of use of a creative organ. REPRESENTATION Appellant (Veteran) represented by: Vietnam Veterans of America ATTORNEY FOR THE BOARD Christopher McEntee, Counsel INTRODUCTION The Veteran served on active duty from April 1968 to May 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. In a statement of record received in June 2013, the Veteran indicated an interest in claiming service connection for a heart disorder. As the issue has not been adjudicated by the Agency of Original Jurisdiction (AOJ), the Board does not have jurisdiction over the issue, and it is referred to the AOJ for appropriate action. FINDINGS OF FACT 1. The Veteran in this case served on active duty from April 1968 to May 1971. 2. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to service connection for a low back disorder is requested. 3. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to service connection for a neck disorder is requested. 4. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to service connection for ED is requested. 5. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to a higher initial rating for PTSD is requested. 6. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to an earlier effective date for the grant of service connection for PTSD is requested. 7. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to an earlier effective date for the grant of a TDIU is requested. 8. On November 2, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, confirmed by his authorized representative in July 2013, that a withdrawal of the appeal to SMC for loss of use of a creative organ is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal by the Veteran of his claim to service connection for a low back disorder have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 2. The criteria for withdrawal of the appeal by the Veteran of his claim to service connection for a neck disorder have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 3. The criteria for withdrawal of the appeal by the Veteran of his claim to service connection for ED have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 4. The criteria for withdrawal of the appeal by the Veteran of his claim to a higher initial rating for PTSD have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 5. The criteria for withdrawal of the appeal by the Veteran of his claim to an earlier effective date for the grant of service connection for PTSD have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 6. The criteria for withdrawal of the appeal by the Veteran of his claim to an earlier effective date for the grant of a TDIU have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 7. The criteria for withdrawal of the appeal by the Veteran of his claim to SMC for loss of use 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 FINDINGS AND CONCLUSIONS 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 the present case, the Veteran and his authorized representative have withdrawn the following issues appealed to the Board - service connection for a lower back disorder, service connection for a neck disorder, service connection for ED, a higher initial rating for PTSD, an earlier effective date for the grant of service connection for PTSD, an earlier effective date for the grant of a TDIU, and entitlement to SMC for loss of use of a creative organ. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issues on appeal and each is dismissed. ORDER The appeal regarding service connection for a lower back disorder is dismissed. The appeal regarding service connection for a neck disorder is dismissed. The appeal regarding service connection for ED is dismissed. The appeal regarding a higher initial rating for PTSD is dismissed. The appeal regarding an earlier effective date for the grant of service connection for PTSD is dismissed. The appeal regarding an earlier effective date for the grant of a TDIU is dismissed. The appeal regarding entitlement to SMC for the loss of use of a creative organ is dismissed. MICHAEL A. PAPPAS Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs