Citation Nr: 18155688
Decision Date: 12/06/18	Archive Date: 12/04/18

DOCKET NO. 18-26 017
DATE:	December 6, 2018
ORDER
The request to reopen the issue of entitlement to service connection for gastritis, previously claimed as gallbladder condition, is dismissed.
FINDING OF FACT
On November 28, 2018, prior to the promulgation of a decision in the appeal, the Veteran and his authorized representative notified the Board that a withdrawal of the appeal to reopen the issue of entitlement to service connection for gastritis, previously claimed as gallbladder condition is requested. 
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from January 1966 to October 1967.
In November 2018, the Veteran testified before the undersigned Veterans Law Judge at a travel board hearing at the San Juan Regional Office (RO).
The request to reopen the issue of entitlement to service connection for gastritis, previously claimed as gallbladder condition, is 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  
The Board acknowledges, except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204 (b)(1).  Here, the withdrawal was made on the record at a November 2018 hearing before the undersigned with the Veteran’s representative present.  A transcript of the hearing will serve as written documentation of the withdrawal.
The Veteran’s representative was present at the hearing and withdrawal was confirmed.  In addition, the undersigned informed the Veteran that the withdrawal results in dismissal of the issue on appeal without prejudice.  The Veteran was informed that the issue may be brought again and reopened, if he provides new and material evidence.  The Veteran and his representative participated in a meaningful manner in the hearing.  Therefore, the Board concludes that the Veteran understood the consequences of the withdrawal at the time of the hearing.




As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal.  Therefore, the issue is dismissed without prejudice.


 
E. I. VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Foster, Associate Counsel