Citation Nr: 21031343
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 20-29 646
DATE: May 21, 2021

ORDER

Entitlement to service connection for dry eye syndrome has been withdrawn.

Entitlement to service connection for erectile dysfunction has been withdrawn.

FINDINGS OF FACT

1. In an April 2021 letter to the Board from the Veteran, the Veteran requested to withdraw his appeal as to the issue of entitlement to service connection for dry eye syndrome. 

2. In an April 2021 letter to the Board from the Veteran, the Veteran requested to withdraw his appeal as to the issue of entitlement to service connection for erectile dysfunction.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for dry eye syndrome by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to service connection for erectile dysfunction by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 1968 to April 1987. 

The Veteran's claims were previously before the Board in November 2020. At that time, the claims were remanded for additional development. Since that time, the Veteran has indicated that he would like to withdraw his claims. 

1. Entitlement to service connection for dry eye syndrome

2. Entitlement to service connection for erectile dysfunction

The Board may dismiss any appeal which fails to state 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. 38 C.F.R. § 20.205. 

In the present case, in a letter dated December 7, 2020, the Veteran expressed his desire to vacate the Board decision dated November 4, 2020. In order to clarify the Veteran's intentions, VA mailed the Veteran a letter in April 2021 requesting clarification regarding whether the Veteran intended to withdraw the claims he currently had before the Board. In an April 2021 response, the Veteran stated that he accepted the decision of the VA, and requested no further action be taken. The Board accepts this clarification letter as the Veteran's knowing intention to withdraw his claims. 

Accordingly, the Board does not have jurisdiction to review these matters and therefore they are dismissed.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Vosburgh, 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.