Citation Nr: 22014501
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 16-63 007
DATE: March 14, 2022

ORDER

Entitlement to an increased rating for a service-connected erectile dysfunction disability has been WITHDRAWN and, therefore, is DISMISSED.

FINDING OF FACT

On January 12, 2022, the Veteran properly withdrew his claim for an increased rating for the service-connected erectile dysfunction disability.

CONCLUSION OF LAW

The criteria for dismissal of an increased rating for a service-connected erectile dysfunction disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Army from December 1967 to July 1969.

Entitlement to an increased rating for a service-connected erectile dysfunction (ED) disability is dismissed / withdrawn.

In September 2021, the Board addressed the Veteran's claim for an increased rating for the service-connected ED disability.  At that time, the Board remanded the claim to the agency of original jurisdiction (AOJ) for additional development.

In December 2021, the AOJ issued a rating decision and a supplemental statement of the case (SSOC).  Thereby, the AOJ increased the Veteran's rating for the service-connected ED to 20 percent, on and after June 9, 2015.  The AOJ also increased the disability rating for the voiding dysfunction, residual of prostate cancer, to 40 percent, effective December 9, 2021.  

In January 2022, correspondence from the Veteran was associated with the claims file.  Therein, the Veteran relayed that he had received the correspondence from VA that granted the issue(s) on appeal.  The Veteran relayed that he was satisfied and wished to withdraw all remaining issues associated with this appeal.

The Veteran's statement complies with 38 C.F.R. § 20.204 (b)(1) (form and content required for withdrawal of an appeal) because it is in writing, includes the name of the Veteran, the applicable VA claims file number, and a statement of his desire to withdraw his appeal.  Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies.  38 C.F.R. § 20.204 (c).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by an authorized representative.  38 C.F.R. § 20.204.  In this case, the Veteran has withdrawn his appeal; hence, there remains 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.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	RLBJ, 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.