Citation Nr: 21006067
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 12-33 453A
DATE: February 3, 2021

ORDER

Entitlement to service connection for a bilateral shoulder condition is dismissed.

Entitlement to service connection for a skin condition, to include secondary to herbicide exposure, is dismissed.

Entitlement to service connection for a left foot injury is dismissed.

Entitlement to an initial disability rating in excess of 20 percent for diabetes mellitus is dismissed.

Entitlement to an effective date prior to January 8, 2010 for the grant of service connection for diabetes mellitus is dismissed.  

FINDING OF FACT

On December 2, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of all pending appeals is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by his authorized representative 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 August 1967 to April 1969. This matter comes before the Board of Veterans’ Appeals from rating decisions by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified before the undersigned in an April 2017 Board hearing. A transcript of that hearing is of record.

In November 2020, the AOJ granted service connection for the Veteran’s posttraumatic stress syndrome and bilateral lower extremity peripheral neuropathy. As these grants are considered full grants in benefits, these issues are no longer before the Board. Further, the Board notes that the Veteran has two active appeal streams. One of those appeal streams at the time of this decision is awaiting a Board hearing. However, in December 2020, the Veteran’s representative withdrew all the Veteran’s pending appeals and hearings request. As such, the Board merged all pending appeals and withdrew the Veteran’s pending appeal for his claim for entitlement to an increased rating and earlier effective date for his service-connected diabetes mellitus. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (legacy). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55.  

 

In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Robert Batten

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.