Citation Nr: 21010303
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 17-06 397
DATE: February 24, 2021

ORDER

Entitlement to service connection for right upper extremity peripheral neuropathy is dismissed.

Entitlement to service connection for left upper extremity peripheral neuropathy is dismissed.

Entitlement to a disability rating greater than 20 percent for diabetes mellitus type II is dismissed.

FINDING OF FACT

In November 2020 correspondence, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claims for service connection for bilateral upper extremity neuropathy and an increased rating for diabetes mellitus type II.

CONCLUSION OF LAW

The criteria for withdrawal of the claims of entitlement to service connection for bilateral upper extremity neuropathy and an increased rating for diabetes mellitus type II 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 from January 1968 to January 1971.  

These matters come before the Board of Veterans’ Appeals (Board) on appeal from April 2014 and May 2018 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

Here, in November 2020, prior to the promulgation of a decision in the appeal, the Veteran’s representative submitted a written statement indicating that the Veteran wished to “withdraw his appeal.”  A separate communication with the Veteran demonstrates that the Veteran sought to withdraw his appeal because he had been awarded a 100 percent disability rating and was satisfied with the amount of compensation he was receiving.  The Board finds this an explicit, unambiguous withdrawal made with a full understanding of the consequences of the action.  Delisio v. Shinseki, 25 Vet. App. 45 (2011).  Thus, the Veteran validly withdrew his appeal and there remain no allegations of errors of fact or law for appellate consideration.  38 U.S.C. § 7105(d).  Accordingly, the Board does not have jurisdiction to review the issues of service connection for bilateral upper extremity neuropathy or an increased disability rating for diabetes mellitus and the appeal is dismissed.   

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Snyder, 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.