Citation Nr: 19121925
Decision Date: 03/26/19	Archive Date: 03/23/19

DOCKET NO. 16-09 904
DATE:	March 26, 2019

ORDER

The appeal of the claim for service connection for diabetes mellitus, type II (diabetes) is dismissed.

FINDING OF FACT

On February 14, 2019, prior to the promulgation of a decision in the appeal, Veterans Affairs received notification that the Veteran intended to withdraw his appeal from appellate review.

CONCLUSION OF LAW

The criteria for the withdrawal of the appeal by the appellant are met; the Board has no further jurisdiction in this matter.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1966 to July 1968.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision.  The Veteran requested a hearing when he filed his substantive appeal in March 2016.  However, along with the action discussed by the Board below, the Veteran also indicated that he would not be attending a hearing that was subsequently scheduled.

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205(a), (b)(3).

Here, the Veteran contacted VA on February 14, 2019, and indicated that he wished to withdraw his appeal and that he would not be attending the hearing that was scheduled in this matter.  The Veteran even specified that he wanted to withdraw the February 2014 notice of disagreement. The Veteran’s wishes were annotated in a VA Form 27 0820, Report of General Information, dated on February 14, 2019.

When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to those issues on appeal.  In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C.A. § 7105(d)(5).  The Board finds that the Veteran’s contact with VA meets the criteria for the withdrawal of an appeal.  38 C.F.R. § 20.205(b)(1).  Therefore, this appeal is dismissed.

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Steven H. Johnston, Associate Counsel