Citation Nr: 20005802
Decision Date: 01/23/20	Archive Date: 01/23/20

DOCKET NO. 18-31 342
DATE: January 23, 2020

ORDER

The claim of entitlement to service connection for leukemia due to exposure to jet fuel is dismissed.

FINDING OF FACT

On December 12, 2019, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal with respect to all of the issues pending before the Board.

CONCLUSION OF LAW

1. The criteria for withdrawal of an appeal by the Veteran and his authorized representative have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Air Force from October 1959 to October 1962.

This matter is before the Board of Veteran’s Appeals (Board) from a February 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in that denied service connection for leukemia.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 correspondence from July 2018 and December 2019 the Veteran expressed the intent to withdraw his appeal and cancel his hearing with respect to all of the issues pending before the Board.  Specifically, the Veteran stated in July 2018 that “[he] would like to withdraw his appeal for service connected leukemia.”  He then stated in December 2019 – “PLEASE WITHDRAW (CANCEL) MY APPEAL AND THE HEARING SCHEDULED FOR: January 10, 2020 at 8:30 AM.”  The Board finds this language to be clear and unambiguous.  

Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these issues and the appeal is dismissed.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C.A. Teich, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.