Citation Nr: 21062009
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-49 758
DATE: October 6, 2021

ORDER

The appeal concerning the issue of entitlement to service connection for diabetes mellitus is dismissed.

FINDING OF FACT

1. Prior to the promulgation of a Board decision in the appeal, in May 2020, the Veteran withdrew his appeal concerning the issue of entitlement to service connection for diabetes mellitus. 

2. In a May 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for diabetes mellitus. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran regarding the issue of entitlement to service connection for diabetes mellitus have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2020). 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from June 1967 to March 1971.

This case is before the Board of Veterans' Appeals (Board) on appeal from a rating decision in May 2016 by the Department of Veterans Affairs (VA) Regional Office (RO). 

The appeal concerning the issue of entitlement to service connection for diabetes mellitus is dismissed.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Except for appeals withdrawn on the record at a hearing, a substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. 

In May 2020, the Veteran withdrew his appeal concerning the issue of entitlement to service connection for diabetes mellitus. His representative reiterated this withdrawal in the August 2020 appellate brief. Moreover, the issue of entitlement to service connection for diabetes mellitus was granted by the AOJ in a May 2020 rating decision. 

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Hence, there remain no allegations of errors of fact or law for appellate consideration regarding these issues. Accordingly, the Board does not have jurisdiction to review this issue and it is dismissed. 

 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.