Citation Nr: 21006804
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 14-19 085
DATE: February 5, 2021

ORDER

The appeal of entitlement to an increased rating for diabetes mellitus is dismissed.

FINDING OF FACT

In February 2018, prior to the promulgation of a decision in the appeal, the Veteran notified the Agency of Original Jurisdiction (AOJ) that he requested to withdraw this appeal, and he confirmed that withdrawal through by communication dated February 3, 2021.

CONCLUSION OF LAW

The criteria for withdrawal of the claims on appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In February 2018, prior to the promulgation of a decision in the appeal, the Veteran notified the AOJ that he requested to withdraw this appeal. The Board sent a clarification letter in October 2020.  On February 3, 2021, the Veteran cancelled a pending hearing request and informed the Board that he intended to withraw his appeal.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.