Citation Nr: 21075365
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 18-28 402A
DATE: December 20, 2021

ORDER

A rating higher than 40 percent for the residuals of prostate cancer is dismissed.

A rating higher than 20 percent for diabetes mellitus, type II, (DMII) is dismissed.

A compensable rating for bilateral hearing loss is dismissed.

A compensable rating for erectile dysfunction is dismissed. 

FINDING OF FACT

On October 27, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his authorized representative that a withdrawal of the appeal of the above captioned claims was requested.

CONCLUSION OF LAW

The criteria for withdrawal of a rating higher than 40 percent for the residuals of prostate cancer, a rating higher than 20 percent for DMII, and compensable ratings for bilateral hearing loss and erectile dysfunction by the Veteran and his authorized representative 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 August 1967 to August 1969.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 

In the present case, on October 27, 2021, the Veteran and his representative submitted written correspondence notifying the Board of the desire to withdraw the appeal of the Veteran's claims for a rating higher than 40 percent for the residuals of prostate cancer, a rating higher than 20 percent for DMII, and compensable ratings for bilateral hearing loss and erectile dysfunction. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals and the claims for a rating higher than 40 percent for the residuals of prostate cancer, a rating higher than 20 percent for DMII, and compensable ratings for bilateral hearing loss and erectile dysfunction are dismissed.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.