Citation Nr: 21065348
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 14-23 781
DATE: October 25, 2021

ORDER

Entitlement to service connection for diabetic retinopathy is dismissed.

Entitlement to service connection for diabetic nephrolithiasis is dismissed.

Entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

Entitlement to an initial evaluation in excess of 10 percent prior to March 13, 2012, and in excess of 20 percent from that date, for diabetes mellitus is dismissed.

Entitlement to an initial compensable evaluation for erectile dysfunction is dismissed.

Entitlement to an initial evaluation in excess of 20 percent for peripheral neuropathy, left upper extremity, is dismissed.

Entitlement to an initial evaluation in excess of 20 percent for peripheral neuropathy, right upper extremity, is dismissed.

Entitlement to an evaluation in excess of 20 percent for residuals of prostate adenocarcinoma is dismissed.

Entitlement to an initial evaluation in excess of 50 percent for major depressive disorder is dismissed.

Entitlement to an initial evaluation in excess of 10 percent prior to February 26, 2020, and in excess of 20 percent from that date, for peripheral neuropathy, left lower extremity, is dismissed.

Entitlement to special monthly compensation (SMC) based on the need for aid and attendance or by reason of being housebound is dismissed.

Entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU) is dismissed.

FINDING OF FACT

On July 30, 2021, prior to the promulgation of a decision in this appeal, the Veteran withdrew all issues on appeal.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for diabetic retinopathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for entitlement to service connection for diabetic nephrolithiasis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal for entitlement to service connection for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 10 percent prior to March 13, 2012, and in excess of 20 percent from that date, for diabetes mellitus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of the appeal for entitlement to an initial compensable evaluation for erectile dysfunction have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

6. The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 20 percent for peripheral neuropathy, left upper extremity, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

7. The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 20 percent for peripheral neuropathy, right upper extremity, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

8. The criteria for withdrawal of the appeal for entitlement to an evaluation in excess of 20 percent for residuals of prostate adenocarcinoma have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

9. The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 50 percent for major depressive disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

10. The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 10 percent prior to February 26, 2020, and in excess of 20 percent from that date, for peripheral neuropathy, left lower extremity, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

11. The criteria for withdrawal of the appeal for entitlement to SMC based on the need for aid and attendance or by reason of being housebound have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

12. The criteria for withdrawal of the appeal for entitlement to TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from February 1966 to June 1968.  The Board thanks the Veteran for his service to our country.

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. § 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. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, in July 2021 correspondence the Veteran, through his attorney, withdrew all issues on appeal and, 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.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Davitian, 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.