Citation Nr: 1007261	
Decision Date: 02/26/10    Archive Date: 03/05/10

DOCKET NO.  09-30 801	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Lincoln, 
Nebraska


THE ISSUES

1.  Entitlement to service connection for hypertension, to 
include as due to herbicide exposure, and as secondary to 
service-connected diabetes mellitus, type II.

2.  Entitlement to an increased rating for diabetes mellitus, 
type II, currently rated as 20 percent disabling.


REPRESENTATION

Appellant represented by:	The American Legion




INTRODUCTION

The veteran had active service from July 1968 to February 
1971.

These matters come before the Board of Veterans' Appeals (BVA 
or Board) from a March 2009 rating decision of the Department 
of Veterans Affairs (VA), Regional Office (RO) in Lincoln, 
Nebraska.


FINDINGS OF FACT

On February 24, 2010, prior to the promulgation of a decision 
in the appeal, the Board received notification from the 
appellant, through his representative, that a withdrawal of 
this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, 
through his representative, have been met.  38 U.S.C.A. 
§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2009).


REASONS AND BASES FOR FINDING AND CONCLUSION

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.A. § 7105 (West 2002).  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withdrawn as to any or all issues involved in the appeal at 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 (2009).  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In the present case, the appellant has withdrawn this appeal, 
through his representative, and, hence, there remain 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.


ORDER

The appeal is dismissed.




		
U. R. POWELL
	Veterans Law Judge, Board of Veterans' Appeals





 Department of Veterans Affairs