Citation Nr: 1829946	
Decision Date: 12/14/18    Archive Date: 12/21/18

DOCKET NO.  16-17 474	)	DATE
	)
	)

On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO)
in Waco, Texas


THE ISSUE

Entitlement to a rating greater than 20 percent for diabetes mellitus with erectile dysfunction (ED) and nephropathy, for accrued benefits purposes.


REPRESENTATION

Appellant represented by:	Texas Veterans Commission


ATTORNEY FOR THE BOARD

Michael Sanford, Counsel


INTRODUCTION

The Veteran served on active duty from July 1964 to July 1967.  He died in March 2013.  The appellant is his surviving spouse.

This appeal to the Board of Veterans' Appeals (Board) arose from a July 2013 rating decision in which the RO, inter alia, denied a rating greater than 20 percent for diabetes mellitus with ED and nephropathy, for accrued benefits purposes.  In June 2014, the appellant filed a notice of disagreement (NOD).  A statement of the case (SOC) was issued in March 2016, and the appellant filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans' Appeals) in April 2016.


FINDING OF FACT

In a November 2018 statement from the appellant, received prior to the promulgation of a decision in the appeal, the Board received notification that the appellant wished to withdraw the claim pending on appeal.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).


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. § 7105 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

In the November 2018 statement, the Board received notification from the appellant that she wished to withdraw the claim of entitlement to rating greater than 20 percent for diabetes mellitus with ED and nephropathy, for accrued benefits purposes-the sole claim on appeal.  Thus, no allegations of errors of fact or law remain for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal as to this matter, and it must be dismissed.


ORDER

The appeal is dismissed.




		
JACQUELINE E. MONROE
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs