Citation Nr: 22018765 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 18-23 412 DATE: March 30, 2022 ORDER Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy of right sciatic nerve prior to January 4, 2018, in excess of 20 percent prior to January 3, 2022, and in excess of 40 percent thereafter, has been withdrawn. Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy, left sciatic nerve, prior to January 4, 2018, and in excess of 20 thereafter, has been withdrawn. Entitlement to a rating in excess of 30 percent for diabetic neuropathy, right femoral nerve, from January 3, 2022, has been withdrawn. FINDINGS OF FACT In a March 2022 written correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal with respect to his claims of entitlement to increased ratings for his diabetic neuropathy of the bilateral sciatic nerves and right femoral nerve. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal by the Veteran regarding his claim of entitlement to an initial rating in excess of 10 percent for diabetic neuropathy of right sciatic nerve prior to January 4, 2018, in excess of 20 percent prior to January 3, 2022, and in excess of 40 percent thereafter, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal by the Veteran regarding his claim of entitlement to an initial rating in excess of 10 percent for diabetic neuropathy, left sciatic nerve, prior to January 4, 2018, and in excess of 20 thereafter, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal by the Veteran regarding his claim of entitlement to a rating in excess of 30 percent for diabetic neuropathy, right femoral nerve, from January 3, 2022, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the U.S. Army from March 1968 to March 1970. The issue was remanded by the Board of Veterans' Appeals (Board) in June 2019 and September 2019 for further development. The most recent remand in September 2021 specifically instructed the regional office (RO) to schedule a VA examination pertaining to the Veteran's claims. In a January 2022 rating decision, the RO increased the rating of the Veteran's right sciatic nerve to 20 percent, effective January 3, 2022, and granted entitlement to service connection for diabetic neuropathy of the right femoral nerve, rated at 30 percent, effective January 3, 2022. As the Veteran's right femoral nerve is related to his diabetic neuropathy, this issue is properly included in the list of issues before the Board. However, as this action did not constitute a full grant of the benefits sought, the claim for an increased rating remains before the Board. See AB v. Brown, 6 Vet. App. 35, 38 (1993). This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c). 38 U.S.C. § 7107(a)(2). WITHDRAWAL AND DISMISSAL 1. Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy of right sciatic nerve prior to January 4, 2018, in excess of 20 percent prior to January 3, 2022, and in excess of 40 percent thereafter, is withdrawn and dismissed. 2. Entitlement to an initial rating in excess of 10 percent for diabetic neuropathy, left sciatic nerve, prior to January 4, 2018, and in excess of 20 thereafter, is withdrawn and dismissed. 3. Entitlement to a rating in excess of 30 percent for diabetic neuropathy, right femoral nerve, from January 3, 2022, is withdrawn and dismissed. 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 Veteran or by his or her authorized representative. Id. Here, in a March 2022 written correspondence, prior to the promulgation of a Board decision in the appeal, the Veteran expressed his intention to withdraw his appeal with respect to his claim of entitlement to increased ratings for the Veteran's diabetic neuropathy of the bilateral sciatic nerves and right femoral nerve. Accordingly, the Board finds that the appeal with respect to these issues has been withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). (Continued on the next page) As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claims of entitlement to increased ratings for the Veteran's diabetic neuropathy of the bilateral sciatic nerves and right femoral nerve are dismissed. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. L. Park, 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.