Citation Nr: 21025511 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 20-23 463 DATE: April 28, 2021 ORDER Entitlement to a rating in excess of 30 percent for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the right upper extremity, is dismissed. Entitlement to a higher rating for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the left upper extremity, rated as 10 percent disabling prior to July 18, 2018 and 20 percent thereafter, is dismissed. Entitlement to a higher rating for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the right lower extremity, rated as 10 percent disabling prior to July 18, 2018 and 20 percent thereafter, is dismissed. Entitlement to a higher rating for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the left lower extremity, rated as 10 percent disabling prior to July 18, 2018 and 20 percent thereafter, is dismissed. Entitlement to a rating in excess of 10 percent for chronic constipation is dismissed. Entitlement to a rating in excess of 10 percent for automatic movement associated with Parkinson’s disease is dismissed. Entitlement to a higher for urinary incontinence, rated as noncompensably disabling prior to July 18, 2018 and 20 percent thereafter, is dismissed. Entitlement to an initial compensable rating for speech changes associated with Parkinson’s disease is dismissed. Entitlement to an initial compensable rating for sexual dysfunction/erectile dysfunction associated with Parkinson’s disease is dismissed. FINDINGS OF FACT By letter dated April 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to increased ratings for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the right and left upper extremity and right and left lower extremity, chronic constipation, automatic movement, urinary incontinence, speech changes, and sexual dysfunction/erectile dysfunction. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a rating in excess of 30 percent for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the right upper extremity. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a higher rating for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the left upper extremity, rated as 10 percent disabling prior to July 18, 2018 and 20 percent thereafter. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 3. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a higher rating for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the right lower extremity, rated as 10 percent disabling prior to July 18, 2018 and 20 percent thereafter. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55 4. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a rating in excess of 10 percent for Parkinson’s disease with associated tremors, bradykinesia, muscle rigidity and stiffness, of the left lower extremity, rated as 10 percent disabling prior to July 18, 2018 and 20 percent thereafter 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 5. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a rating in excess of 10 percent for chronic constipation. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 6. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a rating in excess of 10 percent for automatic movement associated with Parkinson’s disease. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 7. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a higher rating for urinary incontinence, rated as noncompensably disabling prior to July 18, 2018 and 20 percent thereafter. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 8. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an initial compensable rating for speech changes associated with Parkinson’s disease. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 9. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an initial compensable rating for sexual dysfunction/erectile dysfunction associated with Parkinson’s disease. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from August 1967 to September 1969. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The August 2017 rating decision awarded service connection for Parkinson’s disease and assigned an initial rating. Subsequently, a January 2020 rating decision awarded separate ratings for the Veteran’s Parkinson’s disease residuals. Withdrawal 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. By letter dated April 2021, the Veteran, through his representative, submitted a statement stating that he wished to withdraw all claims addressed in the April 2020 statement of the case (SOC) and May 2020 VA Form 9 substantive appeal. This statement was signed and submitted by the Veteran’s attorney and the Veteran was included as a carbon copy. The withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.204(b)(3). (Continued on the next page)   The Board finds that the Veteran’s withdrawal is unambiguous, was in writing, included the name of the veteran, the file number and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App 1 (2020). Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal as to the above-mentioned issues, and they are dismissed. KRISTY L. ZADORA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christopher O'Donnell, 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.