Citation Nr: 18149502
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 15-31 320A
DATE:	November 9, 2018
ORDER
The appeal seeking service connection for erectile dysfunction (ED) is dismissed.
FINDING OF FACT
In November 2018, prior to the promulgation of a decision in the matter, the Veteran’s attorney indicated that the Veteran was withdrawing his appeal seeking service connection for ED; there is no question of fact or law in this matter remaining for the Board to consider.
CONCLUSION OF LAW
The criteria for withdrawal of a substantive appeal are met with respect to the claim of service connection for erectile dysfunction; the Board has no further jurisdiction to consider an appeal in the matter.  38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.202, 20.204.  
REASONS AND BASES FOR FINDING AND CONCLUSION
The appellant is a Veteran who served on active duty from August 1967 to October 1970.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision.  A Travel Board hearing was scheduled in this matter before the undersigned for November 1, 2018.  
The appeal seeking service connection for ED is dismissed.
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination on the matter on appeal.  38 U.S.C. § 7105.  An appeal may be withdrawn at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant, and must be in writing or on the record at a hearing.  38 C.F.R. § 20.204.  
On the November 1, 2018 date of the scheduled hearing in this matter, the undersigned was advised that Veteran’s attorney (who was present at the regional office to appear in other matters) had indicated that the Veteran was withdrawing his appeal in this matter (and that written documentation of the withdrawal was being submitted for inclusion in the record).  The hearing was cancelled.  [A review of the record has found that the written withdrawal statement has apparently not yet been associated with the record.  It should be located (or a replacement sought) and included in the record.]  





There is no allegation of error of fact or law in this matter for the Board to consider, the Board no longer has jurisdiction to consider an appeal in the matter.

 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Staskowski, Associate Counsel