Citation Nr: 21020724
Decision Date: 04/08/21	Archive Date: 04/08/21

DOCKET NO. 16-49 373
DATE: April 8, 2021

ORDER

The claim for a rating in excess of 40 percent for right lower extremity neuropathy is dismissed.

The claim for a rating in excess of 40 percent for left lower extremity neuropathy is dismissed.

FINDING OF FACT

The Veteran’s representative indicated in a January 2021 letter that the Veteran wished to withdraw both increased rating claims regarding peripheral neuropathy.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim for a rating in excess of 40 percent for right lower extremity neuropathy have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204

2. The criteria for withdrawal of the claim for a rating in excess of 40 percent for left lower extremity neuropathy have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from October 1966 to September 1969.  The Veteran provided testimony before the undersigned Veterans Law Judge (VLJ) at a January 2020 Board hearing.  A complete transcript is of record.  

VA received the Veteran’s increased rating claim for bilateral lower extremity neuropathy on November 8, 2012.  This appeal was previously before the Board in August 2020.  The Veteran’s increased ratings claims for bilateral lower extremity neuropathy were remanded for a new VA examination because he testified at the January 2020 Board hearing that he felt as though his neuropathy had gotten worse.  The Veteran was afforded a VA examination in November 2020.  As such, the Board finds that there has been substantial compliance with the August 2020 Board remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Subsequently, the Veteran’s representative indicated in a January 2021 letter that the Veteran wished to withdraw both increased rating claims regarding peripheral neuropathy.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204.

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In this case, after the issuance of a Supplemental Statement of the Case, VA received a statement from the Veteran’s representative indicating his desire to withdraw the two increased rating for peripheral neuropathy claims on appeal. The Board finds that this statement indicates his intention to withdraw the issues on appeal and satisfies the requirement for withdrawal of a substantive appeal. Accordingly, the Board does not have jurisdiction to review the appeal of these claims, and such appeal is dismissed.

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Fu, 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.