Citation Nr: 21069845
Decision Date: 11/20/21	Archive Date: 11/20/21

DOCKET NO. 17-19 015
DATE: November 20, 2021

ORDER

The appeal as to the claim of entitlement to a disability rating in excess of 20 percent for diabetic retinopathy, right eye, with bilateral fluctuating vision and blurred vision, prior to September 14, 2012 is dismissed.

The appeal as to the claim of entitlement to a disability rating in excess of 20 percent for bilateral diabetic retinopathy associated with type II diabetes mellitus with erectile dysfunction from September 14, 2012 is dismissed.

FINDINGS OF FACT

1. In November 2021 written correspondence, the Veteran withdrew the claim of entitlement to a disability rating in excess of 20 percent for diabetic retinopathy, right eye, with bilateral fluctuating vision and blurred vision, prior to September 14, 2012.

2. In November 2021 written correspondence, the Veteran withdrew the claim of entitlement to a disability rating in excess of 20 percent for bilateral diabetic retinopathy associated with type II diabetes mellitus with erectile dysfunction from September 14, 2012.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 20 percent for diabetic retinopathy, right eye, with bilateral fluctuating vision and blurred vision, prior to September 14, 2012 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 20 percent for bilateral diabetic retinopathy associated with type II diabetes mellitus with erectile dysfunction from September 14, 2012 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Marine Corps from July 1962 to September 1966, and in the United States Army from July 1975 to July 1978.  These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and were previously remanded by the Board in April 2020, February 2021, June 2021, and July 2021.  In December 2019, the Veteran testified at a videoconference Board hearing before the undersigned.

A September 2021 decision granted service connection for bilateral diabetic retinopathy associated with type II diabetes mellitus with erectile dysfunction, assigning a 20 percent evaluation effective September 14, 2012 under Diagnostic Code 6040.  This rating decision also discontinued the 20 percent evaluation of right eye diabetic retinopathy under Diagnostic Code 6066-6006, which was effective from January 7, 2010.  As the rating periods regarding the issues of right eye diabetic retinopathy from January 7, 2010 to September 14, 2012, rated as 20 percent disabling under Diagnostic Code 6066-6006, and bilateral diabetic retinopathy from September 14, 2012, rated as 20 percent disabling under Diagnostic Code 6040, are not the maximum allowable, the issues remain on appeal.  AB. v. Brown, 6 Vet. App. 35 (1993).

Withdrawn Appeals

In November 2021 written correspondence, the Veteran indicated that he wished to withdraw his appeals as to the claims of entitlement to a disability rating in excess of 20 percent for diabetic retinopathy, right eye, with bilateral fluctuating vision and blurred vision, prior to September 14, 2012, and a disability rating in excess of 20 percent for bilateral diabetic retinopathy associated with type II diabetes mellitus with erectile dysfunction from September 14, 2012.  Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing or during a hearing at any time before the Board promulgates a decision.  Withdrawal may be made by the claimant or by his or her authorized representative.  38 C.F.R. § 19.55.    

The Veteran withdrew his appeals regarding the above-mentioned issues in writing in November 2021, and there remains no allegation of errors of fact or law for appellate consideration.  As such, the Board does not have jurisdiction to review these claims.  Thus, the appeals as to the claims of entitlement to a disability rating in excess of 20 percent for diabetic retinopathy, right eye, with bilateral fluctuating vision and blurred vision, prior to September 14, 2012, and a disability rating in excess of 20 percent for bilateral diabetic retinopathy associated with type II diabetes mellitus with erectile dysfunction from September 14, 2012 are dismissed.

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JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Houle, 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.