Citation Nr: 1321792	
Decision Date: 07/08/13    Archive Date: 07/18/13

DOCKET NO.  05-02 711	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Providence, Rhode Island


THE ISSUE

Entitlement to an initial disability rating in excess of 40 percent for diabetes mellitus.  


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


WITNESS AT HEARING ON APPEAL

Appellant



ATTORNEY FOR THE BOARD

Joseph P. Gervasio, Counsel


INTRODUCTION

The Veteran served on active duty from December 1966 to December 1969. 

This case comes before the Board of Veteran's Appeals (Board) on appeal of a May 2004 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio that assigned an initial disability rating of 20 percent for diabetes mellitus, effective from January 22, 2004. 

During the course of the appeal jurisdiction over the claims files was transferred to the RO in Providence, Rhode Island. 

When this case was Before the Board in December 2008, the Board granted an initial rating of 40 percent for diabetes and remanded the issue of entitlement to an initial rating in excess of 40 percent for further development. 

In a December 2010 decision, the Board denied an initial rating in excess of 40 percent for diabetes mellitus.

The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (CAVC).  In a December 2011 Order, the Court granted a joint motion of the parties and remanded the case to the Board.  

The case was remanded by the Board for additional development in August 2012.  



FINDINGS OF FACT

1.	The Veteran in this case served on active duty from December 1966 to December 1969.

2.	On June 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  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 [, through his/her authorized representative,] has withdrawn this appeal 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.




		
F. Judge Flowers
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs