Citation Nr: 21023693
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 18-33 051
DATE: April 21, 2021

ORDER

The appeal as to the issue of entitlement to an initial compensable disability rating for erectile dysfunction is dismissed.

FINDING OF FACT

At his December 2020 hearing, the Veteran withdrew his appeal as to the issue related to the rating assigned for erectile dysfunction.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an initial compensable disability rating for erectile dysfunction.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205.

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for service-connected lumbar spine with degenerative disc disease and degenerative joint disease (lumbar spine disability) is remanded.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Army from February 1987 to August 1991, November 2006 to September 2009, October 2010 to September 2011, October 2011 to September 2012, and January 2016 to January 2017.

This matter comes before the Board of Veterans’ Appeals (Board) from a July 2015 rating decision of a Department of Veterans Affairs (VA) regional office.  The Veteran testified at a hearing with the undersigned Veterans Law Judge in December 2020.

Withdrawn Issue

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 this case, at the hearing with the undersigned the Veteran withdrew his appeal as to the issue of entitlement an initial compensable disability rating for erectile dysfunction.  The withdrawal request was discussed prior to the hearing and was acknowledged on the record.  The withdrawal request was explicit, unambiguous, and done with a full understanding of the consequences.  As there remain no allegations of errors of fact or law for appellate consideration regarding the issue of entitlement to an initial compensable disability rating for erectile dysfunction, the Board does not have jurisdiction over this issue and it is dismissed.

REASONS FOR REMAND

At the December 2020 hearing, the Veteran reported having an increase in the severity of his lumbar spine disability symptoms to include neurological complaints in his legs.  A new VA examination should be provided to determine the current severity of the Veteran’s lumbar spine disability.

The matter is REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the current symptoms, level of severity, and functional impairment associated with his lumbar spine disability.  The claims file should be reviewed by the examiner.  

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. J. Kim, 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.