Citation Nr: 18139930
Decision Date: 10/01/18	Archive Date: 10/01/18

DOCKET NO. 16-27 429
DATE:	October 1, 2018
ORDER
The appeal for entitlement to service connection for colon cancer, to include as due to herbicide exposure, is dismissed.  
The appeal for entitlement to service connection for right vocal cord cancer (claimed as throat cancer), to include as due to herbicide exposure, is dismissed.  
FINDING OF FACT
On October 5, 2016, prior to the promulgation of a decision in the appeal, the Veteran, through his authorized representative, notified the Department of Veterans Affairs (VA) of his desire to withdraw his claims of entitlement to service connection for colon cancer and throat cancer; he passed away in March 2018.  
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran and his authorized representative have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.  
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had honorable active duty service with the United States Navy from October 1969 to August 1973.  The Veteran received the Vietnam Service Medal and the Vietnam Campaign Medal, among other commendations.  He passed away in March 2018.  
The Board of Veterans’ Appeals (Board) notes that in his June 2016 substantive appeal, the Veteran requested a hearing before the Board.  Before such a hearing could be scheduled, as will be discussed below, the Veteran withdrew his appeal, and therefore, his hearing request, in October 2016.  38 C.F.R. § 20.702(e), 20.704(e).  
The Board regrets to further note that the record indicates that the Veteran passed away on March 27, 2018.  The date of death was subsequent to the request to withdraw the claims on appeal. 










Dismissal
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Such withdrawals are effective upon receipt.  38 C.F.R. § 20.204(b)(3).  In this case, in an October 2016 letter, the Veteran expressly withdrew his claims on appeal.  Although he subsequently died, his claims were effectively withdrawn prior to his death such that no controversy remained.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.
 
B. MULLINS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Y. MacDonald, Associate Counsel