Citation Nr: A21020166
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 210923-187665
DATE: December 17, 2021

ORDER

The appeal seeking entitlement to restoration of service connection for left leg radiculopathy femoral nerve and erectile dysfunction, and special monthly compensation based on loss of use of a creative organ, is dismissed.

FINDINGS OF FACT

On October 20, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

The criteria for withdrawal of the appeal for entitlement to restoration of service connection for left leg radiculopathy femoral nerve and erectile dysfunction, and special monthly compensation based on loss of use of a creative organ, by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 2005 to March 2006.

The rating decision on appeal was issued in September 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In the September 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket.  In October 2021, he withdrew the hearing request.  

The appeal seeking entitlement to restoration of service connection for left leg radiculopathy femoral nerve and erectile dysfunction, and special monthly compensation based on loss of use of a creative organ, is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  

The Board finds that the withdrawal of the appeal was by way of a written correspondence that was received in October 2021. 

 A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  38 C.F.R. § 20.205(b)(1).  All these criteria were satisfied.  

Although the Veteran did not use the word "entirety," he stated that the appeal was withdrawn (rather than merely a portion of the appeal).  Moreover, the Veteran submitted a second correspondence in which he recognized that his monthly compensation would be reduced from $3487.22 to $3375.48.  He stated that he was "happy with the proposed action dated September 10, 2021. That my compensation will be $3375.48."  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Prem, 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.