Citation Nr: 21009854
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 18-30 362
DATE: February 23, 2021

ORDER

The appeal with respect to entitlement to a disability rating in excess of 20 percent for diabetes mellitus, type II, prior to July 16, 2020 is dismissed.

The appeal with respect to entitlement to a disability rating in excess of 40 percent for diabetes mellitus, type II, from July 16, 2020 is dismissed.

FINDING OF FACT

By correspondence received in December 2020, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 in the United States Army from March 1968 to February 1970, to include service in Vietnam from November 1969 to February 1970. His decorations include the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. 

This case was previously before the Board in September 2019, when it was remanded to the agency of original jurisdiction (AOJ) for additional development.  In September 2020, after taking further action, the AOJ increased the rating for diabetes to 40 percent, effective July 16, 2020. The 20 percent rating in effect prior to July 16, 2020 was otherwise confirmed and continued, and the case was returned to the Board.

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55. Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id.

By correspondence received in December 2020, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal. The correspondence indicated that he was satisfied with the recent award, that he wished to withdraw all remaining issues on appeal, and included his name and his VA file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Willis, 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.