Citation Nr: 19149059
Decision Date: 06/24/19	Archive Date: 06/24/19

DOCKET NO. 15-27 645A
DATE:	June 24, 2019

ORDER

The appeal for entitlement to service connection for diabetes mellitus, type II, to include as secondary to service-connected disability is dismissed.

FINDINGS OF FACT

1.  The Board of Veterans’ Appeals (Board) on September 28, 2017 issued a final decision denying Veteran’s claim for service connection for diabetes mellitus, type II, to include as secondary to service-connected disability.

2.  The Veteran, through his authorized representative, requested withdrawal of the appeal of the denial of entitlement to service connection for diabetes mellitus, type II, to include as secondary to service-connected disability, in a May 2019 document.

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. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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

In a May 2019 document, the Veteran’s representative noted that the appeal of the denial of service connection for diabetes mellitus, type II had been decided in a final September 28, 2017 Board decision.  Accordingly, the Veteran’s representative requested that the appeal be withdrawn.  Thus, as to this issue, there remains no allegations of error of fact or law for appellate consideration. Thus, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Lieu Cuttino-Hawkins

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.