Citation Nr: 21040646
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 14-14 555
DATE: July 6, 2021

ORDER

The appeal concerning entitlement to an increased rating in excess of 20 percent for diabetes mellitus type II, with erectile dysfunction and early cataract right eye, is dismissed.

The appeal concerning entitlement to service connection for sleep apnea, to include as secondary to the service-connected diabetes mellitus type II, is dismissed.

The appeal concerning entitlement to service connection for hypertension, to include as secondary to the service-connected diabetes mellitus type II and due to herbicide exposure, is dismissed.

FINDINGS OF FACT

1. On June 2, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals ("Board") received a notification from the Veteran, through his authorized representative, that a withdrawal of the appeal concerning entitlement to an increased rating in excess of 20 percent for diabetes mellitus type II, with erectile dysfunction and early cataract right eye, is requested.

2. On June 2, 2021, prior to the promulgation of a decision in the appeal, the Board received a notification from the Veteran, through his authorized representative, that a withdrawal of the appeal concerning entitlement to service connection for sleep apnea, to include as secondary to the service-connected diabetes mellitus type II, is requested.

3. On June 2, 2021, prior to the promulgation of a decision in the appeal, the Board received a notification from the Veteran, through his authorized representative, that a withdrawal of the appeal concerning entitlement to service connection for hypertension, to include as secondary to the service-connected diabetes mellitus type II and due to herbicide exposure, is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal concerning entitlement to an increased rating in excess of 20 percent for diabetes mellitus type II, with erectile dysfunction and early cataract right eye by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal concerning entitlement to service connection for sleep apnea, to include as secondary to the service-connected diabetes mellitus type II by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal concerning entitlement to service connection for hypertension, to include as secondary to the service-connected diabetes mellitus type II and due to herbicide exposure by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55.

In the present case, the Veteran, through his authorized representative, has submitted a written statement on June 2, 2021, the contents of which indicate that he has requested to withdraw the appeal concerning "entitlement to an increased rating in excess of 20 percent for diabetes mellitus type II, with erectile dysfunction and early cataract right eye," "entitlement to service connection for sleep apnea, to include as secondary to the service-connected diabetes mellitus type II" and "entitlement to service connection for hypertension, to include as secondary to the service-connected diabetes mellitus type II and due to herbicide exposure" in its entirety. 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 and it is dismissed.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Tariq, Nadeem, 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.