Citation Nr: 21069768
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 19-25 764
DATE: November 19, 2021 

ORDER

Entitlement to an increased rating for vertigo, also claimed as a vestibular disorder labyrinthitis, is dismissed.

Entitlement to service connection for erectile dysfunction (ED), is dismissed.

FINDINGS OF FACT

1. On October 8, 2021, prior to the promulgation of a decision in the appeal, the Veteran notified the Board that he wished to withdraw his claim of entitlement to a higher disability rating for vertigo. 

2. On October 8, 2021, prior to the promulgation of a decision in the appeal, the Veteran notified the Board that he wished to withdraw his claim of entitlement to service connection for ED.

CONCLUSIONS OF LAW

1.The criteria for withdrawal of entitlement to higher disability ratings for vertigo have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

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

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 1986 to February 1990.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision by the Department of Veterans' Affairs Regional Office.

1. Increased rating for vertigo

2. Service connection for ED

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

In October 2021, the Veteran wrote a letter informing the Board that he wished to withdraw his Notice of Disagreement (NOD) from July 12, 2018 and updated May 20, 2020.  See Letter, received October 8, 2021.  The Veteran's NOD from July 2018 appealed a June 2018 rating decision denying a higher rating for vertigo and service connection for ED.  See July 12, 2018 NOD.  The May 2020 Form 8 was regarding the August 2019 Statement of the Case denying a higher rating for vertigo and service connection for ED.  The Board finds the Veteran's request to "withdraw his appeal" provided sufficient specificity given that the Veteran had no other issues on appeal in the July 2018 Notice of Disagreement.  

Hence, there remain no allegations of errors of fact or law concerning these two issues for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of a vertigo rating and service connection for ED.  Thus, the two issues are dismissed.  

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The withdrawal is permissible under the Board's rules of practice.  See 38 C.F.R. § 20.204.  Given the Veteran's clear intent to withdraw his appeal, further action by the Board in this matter would not be appropriate.  38 U.S.C. § 7105.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McKenzie, Associate 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.