Citation Nr: 21070493 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 19-32 102 DATE: November 24, 2021 ORDER The appeal as to the claim of entitlement to an initial disability rating in excess of 10 percent for diabetic retinopathy prior to August 27, 2019 is dismissed. The appeal as to the claim of entitlement to a disability rating in excess of 60 percent for diabetic retinopathy from August 27, 2019 is dismissed. The appeal as to the claim of entitlement to a disability rating in excess of 20 percent for diabetes mellitus type II is dismissed. The appeal as to the claim of entitlement to a disability rating in excess of 10 percent for residuals of transient ischemic attack (TIA) is dismissed. The appeal as to the claim of entitlement to an initial disability rating in excess of 10 percent for swallowing difficulties associated with residuals of TIA is dismissed. The appeal as to the claim of entitlement to an initial disability rating in excess of 20 percent for residual muscle weakness, right lower extremity associated with residuals of TIA is dismissed. The appeal as to the claim of entitlement to an initial disability rating in excess of 20 percent for residual muscle weakness, right upper extremity associated with residuals of TIA is dismissed. FINDINGS OF FACT 1. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial disability rating in excess of 10 percent for diabetic retinopathy prior to August 27, 2019. 2. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to a disability rating in excess of 60 percent for diabetic retinopathy from August 27, 2019. 3. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to a disability rating in excess of 20 percent for diabetes mellitus type II. 4. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to a disability rating in excess of 10 percent for residuals of TIA. 5. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial disability rating in excess of 10 percent for swallowing difficulties associated with residuals of TIA. 6. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial disability rating in excess of 20 percent for residual muscle weakness, right lower extremity associated with residuals of TIA. 7. In July 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial disability rating in excess of 20 percent for residual muscle weakness, right upper extremity associated with residuals of TIA. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to an initial disability rating in excess of 10 percent for diabetic retinopathy prior to August 27, 2019 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 60 percent for diabetic retinopathy from August 27, 2019 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 20 percent for diabetes mellitus type II are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 10 percent for residuals of TIA are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the claim of entitlement to an initial disability rating in excess of 10 percent for swallowing difficulties associated with residuals of TIA are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the claim of entitlement to an initial disability rating in excess of 20 percent for residual muscle weakness, right lower extremity associated with residuals of TIA are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the claim of entitlement to an initial disability rating in excess of 20 percent for residual muscle weakness, right upper extremity associated with residuals of TIA 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 Army from September 1967 to September 1970. These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and were previously remanded by the Board in July 2020. In a January 2021 rating decision, the RO assigned a 60 percent disability rating for diabetic retinopathy effective August 27, 2019. As the rating periods regarding the Veteran's diabetic retinopathy prior to and from August 27, 2019 are not the maximum allowable, the issues remain on appeal. AB. v. Brown, 6 Vet. App. 35 (1993). The January 2021 rating decision also granted service connection for swallowing difficulties associated with residuals of TIA; residual muscle weakness, right lower extremity associated with residuals of TIA; and residual muscle weakness, right upper extremity associated with residuals of TIA. Accordingly, as these three issues are part and parcel of adjudication of entitlement to a higher disability rating for the Veteran's service-connected TIA residuals, the Board will adjudicate the ratings assigned for the issues of swallowing difficulties, right lower extremity muscle weakness, and right upper extremity muscle weakness. An April 2021 rating decision granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), effective September 1, 2013, which precedes the date of the claim for an increased rating for diabetes mellitus, which is May 2, 2017. As the grant of entitlement to a TDIU spans the entire appeal period as to the Veteran's increased rating claim for diabetes mellitus, the issue is no longer before the Board. Harper v. Wilkie, 30 Vet. App. 356 (2018). Withdrawn Appeals In July 2021 written correspondence, the Veteran indicated that he wished to withdraw his appeals as to the claims of entitlement to an initial disability rating in excess of 10 percent for diabetic retinopathy prior to August 27, 2019; a disability rating in excess of 60 percent for diabetic retinopathy from August 27, 2019; a disability rating in excess of 20 percent for diabetes mellitus type II; a disability rating in excess of 10 percent for residuals of TIA; an initial disability rating in excess of 10 percent for swallowing difficulties associated with residuals of TIA; an initial disability rating in excess of 20 percent for residual muscle weakness, right lower extremity associated with residuals of TIA; and an initial disability rating in excess of 20 percent for residual muscle weakness, right upper extremity associated with residuals of TIA. 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 July 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 an initial disability rating in excess of 10 percent for diabetic retinopathy prior to August 27, 2019; a disability rating in excess of 60 percent for diabetic retinopathy from August 27, 2019; a disability rating in excess of 20 percent for diabetes mellitus type II; a disability rating in excess of 10 percent for residuals of TIA; an initial disability rating in excess of 10 percent for swallowing difficulties associated with residuals of TIA; an initial disability rating in excess of 20 percent for residual muscle weakness, right lower extremity associated with residuals of TIA; and an initial disability rating in excess of 20 percent for residual muscle weakness, right upper extremity associated with residuals of TIA are dismissed. KELLI A. KORDICH 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.