Citation Nr: 21028257
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 13-33 900
DATE: May 10, 2021

ORDER

The claim for service connection for peripheral neuropathy of the left lower extremity, to include as secondary to service-connected diabetes, is dismissed.

The claim for service connection for peripheral neuropathy of the right lower extremity, to include as secondary to service-connected diabetes, is dismissed.

The claim for service connection for peripheral neuropathy of the right upper extremity, to include as secondary to service-connected diabetes, is dismissed.

The claim for service connection for chronic obstructive pulmonary disease (COPD), to include as due to herbicide agent exposure and/or asbestos exposure, is dismissed.

FINDING OF FACT

On April 20, 2021, the Board received notification from the Appellant asking to withdraw her appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1966 to August 1986.  He died in January 2016.  The appellant is the Veteran's surviving spouse, who testified at a Board hearing in October 2016.  In October 2017, the Board granted the claim for service connection for diabetes, and remanded several neuropathy claims to obtain medical opinions to address their etiology.  

An appellant may withdraw an appeal in writing or on the record at a hearing on appeal at any time before the Board promulgates a final decision. 38 C.F.R. § 20.204.  When an appellant does so, the withdrawal effectively creates a situation where there no longer exists any allegation of error of fact or law for the Board to decide.  Consequently, in such an instance, the Board does not have jurisdiction to review the appeal, and the appropriate action by the Board is dismissal.  38 U.S.C. §§ 7104, 7105(d).  On April 20, 2021, the Board received notification from the Appellant asking to withdraw her appeal.  As the claim was effectively withdrawn, it is dismissed.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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.