Citation Nr: 21068171
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 20-25 263
DATE: November 9, 2021

ORDER

Entitlement to a rating in excess of 20 percent for diabetes mellitus type II with erectile dysfunction, hypertension and nephropathy is dismissed.

Entitlement to a rating in excess of 40 percent for right leg diabetic peripheral neuropathy is dismissed. 

Entitlement to a rating in excess of 40 percent for left leg diabetic peripheral neuropathy is dismissed.

Entitlement to a rating in excess of 20 percent right arm diabetic peripheral neuropathy is dismissed. 

Entitlement to a rating in excess of 20 percent for leg arm diabetic peripheral neuropathy dismissed. 

FINDINGS OF FACT

1. In October 2020, prior to the promulgation of a Board decision, the Veteran properly withdrew his appeal as to the claim to increased rating for diabetes mellitus type II with erectile dysfunction, hypertension and nephropathy.

2. In October 2020, prior to the promulgation of a Board decision, the Veteran properly withdrew his appeal as to the claim to increased rating for right leg diabetic peripheral neuropathy.

3. In October 2020, prior to the promulgation of a Board decision, the Veteran properly withdrew his appeal as to the claim to increased rating for left leg diabetic peripheral neuropathy.

4. In October 2020, prior to the promulgation of a Board decision, the Veteran properly withdrew his appeal as to the claim to increased rating for right arm diabetic peripheral neuropathy. 

5. In October 2020, prior to the promulgation of a Board decision, the Veteran properly withdrew his appeal as to the claim to increased rating for left arm diabetic peripheral neuropathy.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim to increased rating for diabetes mellitus type II with erectile dysfunction, hypertension and nephropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of the claim to increased rating for right leg diabetic peripheral neuropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of the claim to increased rating for left leg diabetic peripheral neuropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

4. The criteria for withdrawal of the claim to increased rating for right arm diabetic peripheral neuropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

5. The criteria for withdrawal of the claim to increased rating for left arm diabetic peripheral neuropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active military service in the United States Navy from September 1965 to January 1970.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board notes that the Veteran was scheduled for a Travel Board hearing in November 2021.  As these appeals are being withdrawn, this hearing is canceled.

In an October 2020 submission, the Veteran's former representative withdrew from this case. The Board finds that there is no adverse impact to the Veteran's interest for this withdraw, and the representative withdrew representation with adequate notice and time for the Veteran to obtain new representation, which the Veteran has not done.

In an October 2020 submission, the Veteran, through his former counsel, indicated that he was withdrawing all of his pending claims. A second letter was sent in September 2021 withdrawing all of his pending claims. This request for withdrawal of the issues on appeal meets the content, form, and timing requirements of 38 C.F.R. § 20.204(b) and is, therefore, deemed a withdrawal of the Notice of Disagreement and Substantive Appeal. See 38 C.F.R. § 20.204(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020). As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the Veteran's claims to increased rating for peripheral neuropathy of the right leg; peripheral neuropathy of the left leg; diabetes mellitus; peripheral neuropathy of the right arm; and peripheral neuropathy of the of the left arm. Accordingly, the Board does not have jurisdiction over these issues, and the claims are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kashif I. Ali, 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.