Citation Nr: 21015814
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 15-36 789
DATE: March 18, 2021

ORDER

Entitlement to an initial compensable rating for bilateral hearing loss disability is dismissed.

Entitlement to an initial rating in excess of 60 percent for prostate cancer is dismissed.

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

Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On October 20, 2020, 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.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been 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 September 1969 to June 1971.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in January 2013 by a Department of Veterans Affairs (VA) Regional Office (RO). The issues were remanded by the Board in September 2018.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55. In the present case, in an October 2020 correspondence, the Veteran indicated that it was his desire to have the current issues on appeal before the Board withdrawn; hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.