Citation Nr: 21002841
Decision Date: 01/15/21	Archive Date: 01/15/21

DOCKET NO. 17-48 687
DATE: January 15, 2021

ORDER

As the claim is withdrawn, the claim of entitlement to service connection for bilateral lower extremity peripheral neuropathy is dismissed.

FINDING OF FACT

On January 11, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of the claim for entitlement to service connection for bilateral lower extremity peripheral neuropathy is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for entitlement to service connection for bilateral lower extremity peripheral neuropathy by the appellant (or his authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in May 2019. A hearing transcript is associated with the claims file.  In August 2020, the Board granted service connection for diabetes mellitus, type II, and remanded the claim of entitlement to service connection for bilateral lower extremity peripheral neuropathy.

Entitlement to service connection for bilateral lower extremity peripheral neuropathy.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. § 19.55.  The withdrawal must be filed with the Board and include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by a veteran or by an authorized representative and must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action by the appellant. DeLisio v. Shinseki, 25 Vet. App. 45, 5758 (2011).

In the present case, on January 11, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant addressed to the Board that a withdrawal of the current claim was requested. See Correspondence (January 2021).  The withdrawal included the claimant’s name, claims file number, and signature.  While the request did not specifically identify each issue requested to be withdrawn, the request is not unclear or ambiguous as it clearly reflects that the Veteran seeks to withdraw his appeal and he only has one appeal stream at this time, which pertains to the issue of entitlement to service connection for bilateral lower extremity peripheral neuropathy.  Hence, there remain no allegations of errors of fact or law for appellate consideration in this matter.

Accordingly, the Board does not have jurisdiction to review this issue and it is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. M. Pesin

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.