Citation Nr: 20047397
Decision Date: 07/15/20	Archive Date: 07/15/20

DOCKET NO. 18-54 976
DATE: July 15, 2020

ORDER

The claim of entitlement to service connection for peripheral neuropathy of the right upper extremity is dismissed. 

The claim of entitlement to service connection for peripheral neuropathy of the left upper extremity is dismissed. 

The claim of entitlement to a disability rating in excess of 20 percent for diabetes mellitus is dismissed. 

FINDING OF FACT

In May 2019, prior to the promulgation of a decision in the appeal, the Veteran informed the Board that he desired to withdraw his appeal as to the issues of entitlement to service connection for peripheral neuropathy of the right upper extremity, service connection for peripheral neuropathy of the left upper extremity, and a disability rating in excess of 20 percent for diabetes mellitus. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran for the issues of entitlement to service connection for peripheral neuropathy of the right upper extremity, service connection for peripheral neuropathy of the left upper extremity, and a disability rating in excess of 20 percent for diabetes mellitus have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active service in the United States Army from March 1966 to December 1968. 

The Veteran requested a Board hearing by way of his substantive appeal. In May 2019, the Veteran’s representative withdrew the hearing request. 

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 (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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2018). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing. 38 C.F.R. § 20.204 (b).

1. Entitlement to service connection for peripheral neuropathy of the right upper extremity. 

Please see discussion in paragraph 3. 

2. Entitlement to service connection for peripheral neuropathy of the left upper extremity. 

Please see discussion in paragraph 3. 

3. Entitlement to a disability rating in excess of 20 percent for diabetes mellitus. 

In the present case, in a May 2019 statement, the Veteran withdrew all claims on appeal, to include his claims of entitlement to entitlement to service connection for peripheral neuropathy of the right upper extremity, service connection for peripheral neuropathy of the left upper extremity, and a disability rating in excess of 20 percent for diabetes mellitus. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these issues and the appeal is dismissed.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. N. Nolley, Associate Counsel

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.