Citation Nr: 18144790
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 14-31 817A
DATE:	October 25, 2018
ORDER
The appeal of the issue of entitlement to service connection for tinnitus is dismissed.  
The appeal of the issue of entitlement to service connection for lung cancer is dismissed.
The appeal of the issue of entitlement to service connection for kidney cancer is dismissed.
FINDING OF FACT
In March 2018, April 2018, and September 2018, prior to the promulgation of a Board decision, the appellant submitted correspondence stating that she no longer wished to pursue the pending appeals of the issues of entitlement to service connection for tinnitus, lung cancer, and kidney cancer.
CONCLUSIONS OF LAW
1.  The criteria for withdrawal of the appeal of the issue of entitlement to service connection for tinnitus have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204.
2.  The criteria for withdrawal of the appeal of the issue of entitlement to service connection for lung cancer have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204.
3.  The criteria for withdrawal of the appeal of the issue of entitlement to service connection for kidney cancer have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from January 1956 to March 1960, and from May 1973 to April 1989.  At the time of his death in April 2015, the Veteran had a pending appeal for service connection for tinnitus, lung cancer, and kidney cancer.   In August 2016, the Veteran’s surviving spouse, who is the appellant, was substituted as the claimant for the purposes of all claims that were pending at the date of the Veteran’s death.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from January 2012 and September 2013 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).
Although, in September 2014, the appellant requested a hearing before a Veterans Law Judge, she subsequently withdrew the hearing request.
Withdrawal of Appeal
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  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 appellant submitted correspondence in March 2018 indicating that she did “NOT WANT TO CONTINUE [HER] APPEAL TO THE BOARD OF VETERANS’ APPEALS.”  In April 2018 correspondence, the appellant wrote that it was her second attempt to withdraw her appeal and, again, indicated that she did “NOT WANT TO CONTINUE THE APPEAL PROCESS.”  In September 2018 telephone call with VA, and in written correspondence the same month, the appellant reiterated that did not wish “to go any further with appeals.”  Given the foregoing, the Board finds that the appellant explicitly and unambiguously withdrew her appeal.
As a result, there remain no allegations of errors of fact or law for appellate consideration with respect to the appeals concerning the issues of entitlement to service connection for tinnitus, lung cancer, and kidney cancer.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. 


 
S. C. KREMBS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Fagan, Counsel