Citation Nr: 1829923	
Decision Date: 11/07/18    Archive Date: 11/21/18

DOCKET NO.  15-26 467	)	DATE
	)
	)

On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina


THE ISSUES

1.  Whether new and material evidence has been received to reopen a claim for entitlement to service connection for hypertension.  

2.  Entitlement to service connection for bilateral eye disorders.  




REPRESENTATION

Appellant represented by:	North Carolina Division of Veterans Affairs


ATTORNEY FOR THE BOARD

S. D. Regan, Counsel


INTRODUCTION

The Veteran served on active duty in the Army from May 1962 to May 1964.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of an July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina, that reopened and denied the Veteran's claim for entitlement to service connection for hypertension on a de novo basis.  By this decision, the RO also denied service connection for bilateral eye disorders (listed as eye problems).  

The Board notes that the July 2013 RO decision (noted above) reopened and denied the Veteran's claim for entitlement to service connection for hypertension on a de novo basis.  The Board notes, however, that service connection for hypertension was previously denied, including in a final August 2008 RO decision.  Thus, the Board must address whether new and material evidence has been received to reopen the Veteran's claim for entitlement to service connection for hypertension.  See Jackson v. Principi, 265 F.3d 1366 (Fed. Cir. 2001).  


FINDING OF FACT

In October 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017).




REASONS AND BASES FOR FINDINGS AND CONCLUSION

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.A. § 7105 (West 2014).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran, through his authorized representative, has withdrawn this appeal 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 and it is dismissed.


ORDER

The appeal is dismissed.




		
STEVEN D. REISS
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs