Citation Nr: 20004196
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 17-08 074
DATE: January 16, 2020

ORDER

Entitlement to a rating in excess of 20 percent for diabetes mellitus, type II has been dismissed.

FINDING OF FACT

In an October 2019 correspondence, the Veteran, through his representative, informed the Board that he wished to withdraw his claim for entitlement to a rating in excess of 20 percent for diabetes mellitus, type II.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met. 38 U.S.C. §§ 7105 (b) and (d); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from October 1965 to July 1967.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to a rating in excess of 20 percent for diabetes mellitus, type II

In an October 2019 correspondence, the Veteran, through his representative, indicated in writing that he wished to withdraw his claim for entitlement to a rating excess of 20 percent for diabetes mellitus, type II.  As the Veteran has asserted that he wants to withdraw his claim, under 38 U.S.C. § 7105, the Board does not have jurisdiction over it. Pursuant to 38 C.F.R. § 20.204, a Veteran can withdraw an appeal through written correspondence. Thus, the Board has no jurisdiction to consider the withdrawn issue and it shall therefore be dismissed.

 

 

Michael A. Pappas

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Baskerville

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.