Citation Nr: 21071108
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-52 230
DATE: November 29, 2021

ORDER

Entitlement to an increased rating for diabetes mellitus, type II has been dismissed.

FINDING OF FACT

By the submission dated May 21, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to an increased rating for diabetes mellitus, type II. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of an increased rating for diabetes mellitus, type II. 38 U.S.C.§ 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from December 1969 to July 1971 and from July 1972 to October 1973.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing in May 2021. The Veteran withdrew his hearing in a May 2021 statement in support of claim. 

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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.

The Veteran withdrew his appeal for entitlement to an increased rating for diabetes mellitus, type II by a May 2021 statement in support of claim to the RO. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issues, the Board does not have jurisdiction over the issue, and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.