Citation Nr: 21061767
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 18-46 260A
DATE: October 5, 2021

ORDER

Entitlement to service connection for hypoglycemia claimed as diabetes mellitus, Type II, is dismissed.

FINDING OF FACT

In Motion to Withdraw Appeal received in February 2021, and before the promulgation of a decision on the issue of entitlement to service connection for hypoglycemia, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the Veteran's appealed claim for entitlement to service connection for hypoglycemia have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105 (2012). A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204. Withdrawal may be made by the Veteran or by his authorized representative and specify that the appeal is withdrawn in its entirety or list the issues withdrawn from the appeal. 38 C.F.R. § 20.204. 

The Veteran's claim for service connection for hypoglycemia was certified to the Board via a Form 9, Appeal to the Board, on October 31, 2018.  This is the only issue on appeal to the Board for this Veteran. 

In February 2021, the Veteran's representative provided a Motion to Withdraw Appeal stating that the Veteran wished to withdraw his appeal for hypoglycemia, alternatively referred to as Type II diabetes mellitus, currently before the Board as part of the legacy appeal program.  The requirements for the withdrawal of a substantive appeal are satisfied.  The representative affirmed the request to withdraw the appeal.  

Since the Veteran has withdrawn his appeal of the above-said claim, there remain no allegations of errors of fact or law for appellate consideration.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 the claim is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Stevens, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.