Citation Nr: 1321796 Decision Date: 07/08/13 Archive Date: 07/18/13 DOCKET NO. 09-11 147 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to an increased rating for service-connected diabetes mellitus, type II, currently rated 20 percent disabling. 2. Entitlement to an increased rating for peripheral neuropathy of the right lower extremity, rated as noncompensable from April 17, 2006, to September 13, 2010, and as 20 percent disabling from September 14, 2010, forward. 3. Entitlement to an increased rating for peripheral neuropathy of the left lower extremity, rated as noncompensable from April 17, 2006, to September 13, 2010, and as 20 percent disabling from September 14, 2010, forward. 4. Entitlement to an increased initial (compensable) rating for bilateral hearing loss. REPRESENTATION Appellant represented by: California Department of Veterans Affairs ATTORNEY FOR THE BOARD S. B. Mays, Counsel INTRODUCTION The Veteran served on active duty from September 1966 to October 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2007 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California, that granted service connection for diabetes mellitus, type II and assigned a 20 percent rating, and for peripheral neuropathy of the right and left lower extremities and bilateral hearing loss, each rated as noncompensable. All of the grants were made effective the date the Veteran applied for the benefits, April 17, 2006. A July 2012 rating decision granted increased ratings of 20 percent for the peripheral neuropathy of the right and left lower extremities, effective September 14, 2010. The Veteran continues to appeal for higher ratings for these disabilities. In his March 2009 substantive appeal, the Veteran requested a hearing at the RO before a Veterans Law Judge. In August 2012, he withdrew his request for such hearing. 38 C.F.R. § 20.704(e) (2012). FINDING OF FACT In June 2013, prior to promulgation of a decision in the appeal, the Board received a statement from the Veteran indicating that he wished to withdraw his appeal seeking increased ratings for diabetes mellitus, type II, peripheral neuropathy of the right and left lower extremities, and bilateral hearing loss. CONCLUSION OF LAW The criteria have been met for withdrawal of a Substantive Appeal by the Veteran with regard to his claims of entitlement to a disability rating in excess of 20 percent for service-connected diabetes mellitus, type II; entitlement to a compensable rating for peripheral neuropathy of the right lower extremity from April 17, 2006, to September 13, 2010, and a rating in excess of 20 percent from September 14, 2010, forward; entitlement to a compensable rating for peripheral neuropathy of the left lower extremity from April 17, 2006, to September 13, 2010, and a rating in excess of 20 percent from September 14, 2010, forward; and entitlement to an initial compensable rating for bilateral hearing loss. 38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). REASONS AND BASES FOR FINDING AND CONCLUSION Withdrawn Appeal by the Veteran Under 38 U.S.C.A. § 7105, 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). A review of the record shows that the Veteran filed a Substantive Appeal in March 2009 that addressed, in pertinent part, the issues of entitlement to increased ratings for diabetes mellitus, peripheral neuropathy of the right and left lower extremities, and bilateral hearing loss. After the RO issued a statement of the case, the Veteran submitted a timely appeal of such issues. However, according to a May 2013 Report of General Information, a Veterans Service Representative contacted the Veteran and confirmed that the Veteran had decided to withdraw the remaining issues on appeal. Thereafter, in a signed statement received by the Board in June 2013, the Veteran indicated that he is satisfied with the recent decision to grant one or more of the issues on appeal (see July 2012 rating decision) and wished to withdraw any remaining issues that have been remanded to the AMC by the Board for further development. Since the Veteran's statements of withdrawal were reduced to writing, his withdrawal of these issues is valid. Once the Veteran withdrew these issues, there remained no allegations of error of fact or law for appellate consideration. Accordingly, the appeal as to the increased rating claims for diabetes mellitus, peripheral neuropathy of the right and left lower extremities, and bilateral hearing loss are dismissed. ORDER The appeal seeking an increased rating for service-connected diabetes mellitus, currently rated 20 percent disabling, is dismissed. The appeal seeking an increased rating for peripheral neuropathy of the right lower extremity, rated as noncompensable from April 17, 2006, to September 13, 2010, and as 20 percent disabling from September 14, 2010, forward, is dismissed. The appeal seeking an increased rating for peripheral neuropathy of the left lower extremity, rated as noncompensable from April 17, 2006, to September 13, 2010, and as 20 percent disabling from September 14, 2010, forward, is dismissed. The appeal seeking an increased initial (compensable) rating for bilateral hearing loss is dismissed. ____________________________________________ P. M. DILORENZO Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs