Citation Nr: 1007192	
Decision Date: 02/26/10    Archive Date: 03/05/10

DOCKET NO.  08-32-859	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Oakland, 
California


THE ISSUE

Entitlement to an effective date prior to February 13, 2003 
for the grant of service connection for diabetes mellitus 
with associated bilateral lower extremity neuropathy.

(The Veteran's assertion of CUE in an October 1991 rating 
decision will be addressed in a separate rating decision 
under a different docket number.)


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

R. Poulson, Associate Counsel


INTRODUCTION

The Veteran served on active duty from August 1968 to 
February 1991.

This matter is before the Board of Veterans' Appeals (Board) 
from rating decisions by the Department of Veterans Affairs 
(VA) Regional Office (RO) in Oakland, California.  In October 
2004, the RO granted service connection for diabetes 
mellitus, Type II, assigning a 20 percent evaluation, 
effective April 29, 2004.  The Veteran expressed his 
disagreement with the effective date of service connection 
only.  During the pendency of the appeal, in a March 2006 
decision, the RO assigned an earlier effective date of 
February 13, 2003 for the grant of service connection.  

The Veteran requested a Central Office hearing on this 
matter.  However, as discussed below, the Veteran has elected 
not to continue his appeal. 

The Veteran applied for total disability based on individual 
unemployability (TDIU), which the RO granted in a June 1999 
decision, effective from November 18, 1997.  The Veteran 
filed a disagreement with respect to the effective date but 
did not perfect his appeal by submitting a substantive 
appeal.  See June 2001 Hearing Transcript at 2.  The Board 
may only exercise jurisdiction over an issue after an 
appellant has filed both a timely notice of disagreement to a 
rating decision denying the benefit sought, and a timely 
substantive appeal.  38 U.S.C.A. § 7105 (West 2002); 38 
C.F.R. § 20.200 (2009); Roy v. Brown, 5 Vet. App. 554 (1993).  
Accordingly, the Board does not have jurisdiction over this 
issue.  

The Veteran has submitted an informal claim for service 
connection for erectile dysfunction as secondary to a 
service-connected condition.  This matter is referred to the 
RO.





FINDING OF FACT

In February 2010, the Veteran's representative filed a Motion 
to Withdraw Appeal.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal by the 
Veteran concerning the claim for an effective date prior to 
February 13, 2003 for the grant of service connection for 
diabetes mellitus with associated bilateral lower extremity 
neuropathy have been met.  38 U.S.C.A. § 7105(b)(2) (West 
2002 & Supp. 2009); 38 C.F.R. § 20.204 (2009).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran submitted a motion to withdraw the issue of an 
effective date prior to  February 13, 2003 for service 
connection for diabetes mellitus.  A Substantive Appeal may 
be withdrawn in writing at any time before the Board 
promulgates a decision.  38 C.F.R. § 20.202.  Accordingly, 
the Board does not have jurisdiction and this issue is 
dismissed.


ORDER

The appeal with respect to the claim for entitlement to an 
effective date prior to  February 13, 2003 for the grant of 
service connection for diabetes mellitus with associated 
bilateral lower extremity neuropathy is dismissed.



____________________________________________
RONALD W. SCHOLZ
Veterans Law Judge, Board of Veterans' Appeals


 Department of Veterans Affairs