Citation Nr: 1324030	
Decision Date: 07/29/13    Archive Date: 08/07/13

DOCKET NO.  07-28 821	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New York, New York


THE ISSUES

1.  Entitlement to a rating in excess of 20 percent for diabetes mellitus.

2.  Entitlement to a rating in excess of 10 percent for diabetic retinopathy.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

T. L. Douglas, Counsel
INTRODUCTION

The appellant is a Veteran who served on active duty from January 1965 to January 1968.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2006 rating decision by the New York, New York, Regional Office (RO) of the Department of Veterans Affairs (VA).  In September 2010, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge.  In an October 2010 decision the Board granted restoration of a 10 percent rating for diabetic retinopathy effective from December 1, 2006.  The increased rating issues for diabetes mellitus and diabetic retinopathy were remanded for additional development.  

In a July 2013 correspondence, following withdraw of the appeal by the Veteran, the representative claimed an increased rating for diabetes mellitus and diabetic retinopathy.  However, the appeal had been withdrawn and that correspondence is not a timely substantive appeal following withdrawal.  Therefore, those new claims are referred to the agency of original jurisdiction for appropriate action.


FINDING OF FACT

In correspondence dated March 5, 2012, the Veteran requested withdrawal of his appeal as to the issues of entitlement to a rating in excess of 20 percent for diabetes mellitus and a rating in excess of 10 percent for diabetic retinopathy.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issues of entitlement to a rating in excess of 20 percent for diabetes mellitus and a rating in excess of 10 percent for diabetic retinopathy 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 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by the authorized representative.  38 C.F.R. § 20.204 (2012).

The appellant has requested withdraw of the appeals for entitlement to a rating in excess of 20 percent for diabetes mellitus and a rating in excess of 10 percent for diabetic retinopathy by correspondence dated March 5, 2012, and there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal as to these matters and they are dismissed.


ORDER

The appeal for entitlement to a rating in excess of 20 percent for diabetes mellitus is dismissed.

The appeal for entitlement to a rating in excess of 10 percent for diabetic retinopathy is dismissed.



____________________________________________
Harvey P. Roberts
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs