Citation Nr: 18160470 Decision Date: 12/28/18 Archive Date: 12/26/18 DOCKET NO. 15-23 077A DATE: December 28, 2018 ORDER Entitlement to an effective date earlier than December 23, 2013, for the grant of service connection for erectile dysfunction is dismissed. Entitlement to an effective date earlier than December 23, 2013, for the grant of service connection for prostate cancer is dismissed. Entitlement to an effective date earlier than December 23, 2013, for the grant of special monthly compensation (SMC) at a housebound rate is dismissed. Entitlement to an effective date earlier than December 23, 2013, for the grant of SMC based on the loss of use of a creative organ is dismissed. FINDING OF FACT In correspondence received in October 2018, and prior to the promulgation of a decision in the appeal, the Veteran withdrew the appeal of his claims for entitlement to effective dates earlier than December 23, 2013, for the grant of service connection for erectile dysfunction, for the grant of service connection for prostate cancer, for the grant of SMC at a housebound rate, and for the grant of SMC for the loss of use of a creative organ. CONCLUSION OF LAW The criteria for withdrawal of the claims of entitlement to effective dates earlier than December 23, 2013, for the grant of service connection for erectile dysfunction, for the grant of service connection for prostate cancer, for the grant of SMC at a housebound rate, and for the grant of SMC based on the loss of use of a creative organ, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1967 to June 1970. These matters come before the Board of Veterans’ Appeals on appeal of a June 2014 rating decision. The record reflects that the Veteran requested a videoconference hearing before a Veterans Law Judge; however, he subsequently cancelled the hearing. Withdrawn Claims The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran withdrew his appeal pertaining to the claims of entitlement to effective dates earlier than December 23, 2013, for the grant of service connection for erectile dysfunction, for the grant of service connection for prostate cancer, for the grant of SMC at a housebound rate, and for the grant of SMC based on the loss of use of a creative organ. Thus, there remain no allegations of errors of fact or law for appellate consideration. (Continued on the next page) Given the above, the Board does not have jurisdiction to review these issues and they are dismissed. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Henriquez, Counsel
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