Citation Nr: 20006948 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 19-08 286 DATE: January 28, 2020 ORDER Entitlement to service connection for an acquired mental disorder, claimed as anxiety condition, depression, and bipolar disorder, is dismissed. Entitlement to service connection for a bilateral hip disability, claimed as osteoarthritis in both hips, is dismissed. Entitlement to service connection for alcohol abuse is dismissed. REMANDED Entitlement to service connection for erectile dysfunction, to include as secondary to a service-connected disability, is remanded. FINDING OF FACT In correspondence received in October 2019, the Veteran withdrew the appeal of the issues of entitlement to service connection for an acquired mental disorder, a bilateral hip disability, and alcohol abuse. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim for entitlement to service connection for an acquired mental disorder, claimed as anxiety condition, depression, and bipolar disorder, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the claim for entitlement to service connection for a bilateral hip disability, claimed as osteoarthritis in both hips, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the claim for entitlement to service connection for alcohol abuse have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from April 1980 to April 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Service Connection 1. Entitlement to service connection for an acquired mental disorder, claimed as anxiety condition, depression, and bipolar disorder, is dismissed. 2. Entitlement to service connection for a bilateral hip disability, claimed as osteoarthritis in both hips, is dismissed. 3. Entitlement to service connection for alcohol abuse is dismissed. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In correspondence received in October 2019, the Veteran indicated he wished to withdraw his claims for entitlement to service connection for an acquired mental disorder, a bilateral hip disability, and alcohol abuse. The Board finds that the Veteran has withdrawn his appeal regarding the aforementioned issues. Hence, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal regarding these issues, and it is dismissed without prejudice. REASONS FOR REMAND Entitlement to service connection for erectile dysfunction, to include as secondary to a service-connected disability, is remanded. On his March 2019 substantive appeal, the Veteran stated that he has erectile dysfunction that is caused or aggravated by his service-connected sleep apnea or hypertension. The Veteran’s post-service treatment records reflect a current diagnosis of erectile dysfunction. Additionally, treatment records dated in September 2006 note that the Veteran’s erectile dysfunction is “probably multifactorial in nature,” stating that hypertension “may” contribute to it. The Board finds that this evidence satisfies the low threshold of McLendon and the Veteran should be afforded an examination to address the etiology of his erectile dysfunction. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. After obtaining any necessary releases, obtain any outstanding VA or private treatment records pertinent to the Veteran’s claim. 2. Thereafter, schedule a VA examination with an appropriate examiner to address the nature and etiology of the Veteran’s erectile dysfunction. The claims file should be available to, and reviewed by, the examiner in connection with the examination. All necessary tests and studies should be completed. The examiner should opine: (a.) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s erectile dysfunction is etiologically related to his period of active service. (b.) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s erectile dysfunction was caused by a service-connected disability, to include hypertension and/or sleep apnea. (c.) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s erectile dysfunction was aggravated by a service-connected disability, to include hypertension and/or sleep apnea. A rationale should be provided for all opinions offered. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Connor, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.