Citation Nr: 21039668
Decision Date: 07/01/21	Archive Date: 07/01/21

DOCKET NO. 17-39 124
DATE: July 1, 2021

ORDER

Entitlement to service connection for diabetes mellitus type II is dismissed.

Entitlement to service connection for a tumor behind right eardrum is dismissed.

FINDING OF FACT

On March 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeals was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to service connection for diabetes mellitus type II have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

2. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to service connection for a tumor behind right have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from June 1959 to May 1963.

This case is before the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2019, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the electronic claims file.

In May 2019, the Board remanded the matters for further development.

In June 2020, the Board denied the claims of service connection for diabetes mellitus type II and a tumor behind right eardrum. In March 2021, the Court issued an order that vacated the Board decision and remanded the claim for compliance with a Joint Motion for Remand (JMR).

Withdrawals

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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2020).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204. 

In the present case, the Veteran in a March 2021 correspondence indicated that he wished to withdraw his appeal as to all remaining pending appeals.  Therefore, the Veteran has withdrawn his appeal as to these issues, and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 as to these issues and they are dismissed.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James A. DeFrank, 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.