Citation Nr: 21025202
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 18-20 344
DATE: April 27, 2021

ORDER

Entitlement to a rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction is dismissed.

FINDING OF FACT

The Veteran withdrew his claim of entitlement to a rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the claim of entitlement to a rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction 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 from May 1962 to June 1982. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a March 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  A February 2019 rating decision found the Veteran was not competent to handle disbursement of funds.  In March 2019, the Veteran’s spouse was appointed as his fiduciary.  

Entitlement to a rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction

(Continued on the next page)

 

The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn by the appellant or his or her authorized representative as to any or all issues involved in the appeal.  38 C.F.R. § 19.55(a).  Appeal withdrawals must include the name of the appellant, the file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify the issues withdrawn or specify that the appeal is withdrawn in its entirety.  38 C.F.R. § 19.55(b). 

In April 2021, the Veteran’s authorized representative submitted a statement withdrawing the appeal of the claim seeking an increased rating for type II diabetes mellitus with erectile dysfunction.  This statement included the Veteran’s name and file number.  Here, the only issue on appeal is entitlement to increased rating for type II diabetes mellitus with erectile dysfunction.  Per the April 2021 statement, this issue is withdrawn.  There remain no allegations of errors of fact or law for appellate consideration with regard to the issue.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jeanne Celtnieks

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.