Citation Nr: 21021761
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 18-41 408
DATE: April 13, 2021

ORDER

The claim for a rating in excess of 20 percent for type II diabetes mellitus is dismissed.

The claim for a rating in excess of 10 percent for associated peripheral neuropathy of the right lower extremity is dismissed.

The claim for a rating in excess of 10 percent for associated peripheral neuropathy of the left lower extremity is dismissed.

FINDING OF FACT

On August 13, 2020, prior to the promulgation of a decision in this appeal, the Veteran withdrew his appeal of these claims.

CONCLUSION OF LAW

The criteria are met for withdrawal the appeal of these claims.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from November 1965 to November 1967.

WITHDRAWAL 

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 by the appellant or by his or her authorized representative.  Id.  The Veteran submitted a statement in August 2020 indicating he is withdrawing his BVA appeal. 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 of these claims and they are summarily dismissed.

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans’ Appeals

R. Erdheim, Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.