Citation Nr: 1319680	
Decision Date: 06/18/13    Archive Date: 06/27/13

DOCKET NO.  03-31 498	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUES

1.  Entitlement to an increased disability rating for diabetes mellitus with diabetic retinopathy, rated as 20 percent disabling prior to June 22, 2011, and 40 percent disabling from June 22, 2011. 

2.  Entitlement to an increased disability rating for prostate cancer and its residuals, rated as 100 percent disabling prior to May 1, 2003; 20 percent disabling from May 1, 2003, to February 22, 2005; 40 percent disabling from February 23, 2005, to April 10, 2007; 100 percent disabling from April 11, 2007, to April 30, 2008; and 20 percent disabling from May 1, 2008. 


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America



ATTORNEY FOR THE BOARD

D. Van Wambeke, Counsel


INTRODUCTION

The Veteran served on active duty from October 1966 to September 1969. 

This appeal comes to the Board of Veterans' Appeals (Board) from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.  When this case was before the Board in December 2008, May 2011, and August 2012, it was remanded for additional development. 


FINDING OF FACT

In May 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his representative, that the Veteran wished to withdraw his appeal for entitlement to an increased disability ratings for diabetes mellitus with diabetic retinopathy and for prostate cancer and its residuals.  


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal for entitlement to an increased disability rating for diabetes mellitus with diabetic retinopathy have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).

2.  The criteria for withdrawal of the appeal for entitlement to an increased disability rating for prostate cancer and its residuals have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).



REASONS AND BASES FOR FINDING AND CONCLUSIONS

Under 38 U.S.C.A. § 7105 (West 2002), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204 (2012). 

In May 2013, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's representative that the Veteran desired to withdraw his appeal for entitlement to an increased disability rating for diabetes mellitus with diabetic retinopathy and for entitlement to an increased disability rating for prostate cancer and its residuals.  As the appellant has withdrawn his appeal concerning these claims, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal concerning these claims and they must be dismissed.


ORDER

The appeal for entitlement to an increased disability rating for diabetes mellitus with diabetic retinopathy is dismissed.  

The appeal for entitlement to an increased disability rating for prostate cancer and its residuals is dismissed.  



____________________________________________
Shane A. Durkin 
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs