Citation Nr: 21031809
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 16-51 826
DATE: May 24, 2021

ORDER

The appeal as to the issue of entitlement to an increased initial rating for diabetes mellitus type II, rated as 20 percent disabling prior to February 3, 2017 and 40 percent disabling thereafter, is dismissed.

The appeal as to the issue of entitlement to a total disability rating based upon individual unemployability (TDIU) prior to October 21, 2014 is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received written notification from the Veteran of his intent to withdraw his appeal as to his remaining claims, which included entitlement to an increased initial rating for diabetes mellitus type II and entitlement to a TDIU prior to October 21, 2014.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran (or his authorized representative) as to the issues of entitlement to an increased initial rating for diabetes mellitus type II and entitlement to a TDIU prior to October 21, 2014 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1966 to December 1968. These matters come before the Board on appeal from an April 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a virtual hearing before the undersigned in August 2020, and in December 2020 the Board remanded the issues listed above. In January 2021, the RO issued a rating decision granted service connection for lower extremity diabetic neuropathy and an earlier effective date of October 21, 2014 for the award of TDIU.

Withdrawal

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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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the Veteran or by his or her authorized representative. Id. 

In this case, in March 2021, while the appeal was pending at the Board, the Veteran's lawyer submitted a statement which clearly expressed his intent to "withdraw his remaining claims," noting the Veteran was "satisfied with his current permanent and total VA rating of 100%" and "will not be pursuing appeals." The Board finds this correspondence satisfies the requirements of 38 C.F.R. § 20.205, and consequently the Veteran has withdrawn his appeal as to the issues listed above. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). Hence, there remain no new allegations of errors of fact or law for appellate consideration concerning the matters on appeal, and they are dismissed.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ryan, 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.