Citation Nr: 21065261
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 17-47 205
DATE: October 25, 2021

ORDER

Entitlement to a disability rating in excess of 20 percent for service-connected diabetes mellitus type II, with erectile dysfunction is dismissed.

Entitlement to special monthly compensation (SMC) based on aid and attendance/housebound is dismissed.

FINDING OF FACT

In March 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1969 to December 1971.

Increased Rating

1.  Evaluation of type II diabetes mellitus, with erectile dysfunction currently evaluated as 20 percent disabling. 

2.  Entitlement to SMC based on aid and attendance/housebound.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. 

In a statement dated March 5, 2020 the Veteran said he wished to withdraw his current appeal before the Board. He also withdrew his Board hearing request.  While the Veteran's representative submitted a brief as to the issues in October 2020, due to processing delays, the Board finds that it is highly likely that the Veteran's withdrawal statements had not yet been associated with the record at the time the brief had been prepared by the national office of the Veteran's representative.  The Board notes that in June 2021 the Veteran filed a new claim for SMC, further underlying the fact that he intended to withdraw that claim in his March 2020 statement.  This new claim, to date, has not been adjudicated by the Agency of Original Jurisdiction (AOJ).

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

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.S. McLeod

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.