Citation Nr: 20002233
Decision Date: 01/10/20	Archive Date: 01/09/20

DOCKET NO. 15-37 889
DATE: January 10, 2020

ORDER

The request to reopen entitlement to service connection for diabetes mellitus, type II, is dismissed.

FINDING OF FACT

On June 4, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal of the request to reopen entitlement to service connection for diabetes mellitus, type, II, by the Appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1982 to October 1984.  This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a rating decision dated in September 2014 by a Department of Veterans Affairs (VA) Regional Office (RO).  Unfortunately, the Veteran died in December 2017.  The Appellant is the Veteran’s surviving spouse, who has successfully substituted as Appellant on the request to reopen entitlement to service connection for diabetes mellitus, type II, which was pending at the time of the Veteran’s death.

Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the Appellant, in a June 2019 statement, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Griffith

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.