Citation Nr: 21072026
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 20-28 743
DATE: December 2, 2021

ORDER

The appeal regarding the issue of entitlement to an initial compensable rating for service connected erectile dysfunction (ED), to include as a residual of prostate cancer is dismissed.

FINDING OF FACT

In a correspondence received by VA in November 2021, prior to the promulgation of a decision, the Veteran stated that he was satisfied with his current disability rating.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to an initial compensable rating for service connected erectile dysfunction (ED), to include as a residual of prostate cancer are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1966 to November 1970.

In connection with this appeal, the Veteran requested a hearing but withdrew his request in November 2021, hence, it is deemed withdrawn.

The Veteran's case is advanced on the docket. 38 U.S.C. § 7107 (a)(2); 38 C.F.R. § 20.900 (c).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 a correspondence received by VA in November 2021, the Veteran stated that he wishes to withdraw his scheduled Board hearing and was satisfied with his current disability rating. See November 2021 VA 21-4138 Statement In Support of Claim. In indicating satisfaction with this current disability rating, the Board finds the Veteran's statement to be clear that he no longer wishes to pursue his appeal for a higher rating for his service-connected erectile dysfunction. Accordingly, there remains no allegation of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the Veteran's appeal, and it is dismissed. 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. M. Rogers, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.