Citation Nr: 20007987
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 13-12 333
DATE: January 30, 2020

ORDER

The appeal for an initial rating in excess of 10 percent for peripheral neuropathy of the left lower extremity is dismissed.  

The appeal for an initial rating in excess of 10 percent for peripheral neuropathy of the right lower extremity is dismissed.

The appeal for an initial rating in excess of 10 percent for peripheral neuropathy of the left lower extremity, femoral nerve, is dismissed.

The appeal for an initial rating in excess of 10 percent for peripheral neuropathy of the right lower extremity, femoral nerve, is dismissed.

FINDING OF FACT

On July 24, 2019, prior to the promulgation of a decision in the appeals, the Board received notification from the Veteran that a withdrawal of the appeals is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of an initial rating in excess of 10 percent for peripheral neuropathy of the left lower extremity have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

2. The criteria for withdrawal of the appeal of an initial rating in excess of 10 percent for peripheral neuropathy of the right lower extremity have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

3. The criteria for withdrawal of the appeal of an initial rating in excess of 10 percent for peripheral neuropathy of the left lower extremity, femoral nerve, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

4. The criteria for withdrawal of the appeal of an initial rating in excess of 10 percent for peripheral neuropathy of the right lower extremity, femoral nerve, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the Navy from October 1967 to September 1969.

In a March 2013 substantive appeal, the Veteran requested a hearing before a Veterans Law Judge.  A hearing was scheduled for July 2019; however, in July 2019, the Veteran withdrew his hearing request.  See 38 C.F.R. § 20.704(d).

1. – 4. Dismissal of appeals.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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

Here, the Veteran’s representative submitted a statement written and signed by the Veteran in July 2019 requesting that the Board “withdraw all open appeals,” including the bilateral lower extremity peripheral neuropathy disabilities.  The statement indicated that the Veteran was satisfied with his current rating of 100 percent disabled, permanent and total.  In light of this, the Veteran has withdrawn his appeal; hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues on appeal and they are dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Nelson

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.