Citation Nr: 18155777
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 15-35 105
DATE:	December 6, 2018
ORDER
The appeal of the issue of service connection for the cause of the Veteran’s death is dismissed.
 
FINDING OF FACT
In November 2018, prior to the promulgation of a Board decision, the appellant withdrew the appeal.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from January 1967 to October 1970.  The appellant is his surviving spouse.
The case is on appeal from an August 2013 rating decision.
Service connection for the cause of the Veteran’s death.
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.
In November 2018, the appellant submitted a statement in response to a September 2018 letter from the Board notifying her that the claim on appeal was before the Board.  In doing so, the appellant stated that she “no longer wish[es] to pursue this claim effective 11/15/2018.”
The Board finds that the Veteran’s withdrawal of the issue of entitlement to service connection for the cause of the Veteran’s death on appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  In this regard, the appellant referenced the Board’s letter notifying her that the claim is before the Board and expressly stated that she no longer wants to pursue the claim.
Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Jimerfield, Associate Counsel