Citation Nr: 20006578
Decision Date: 01/27/20	Archive Date: 01/27/20

DOCKET NO. 18-51 698
DATE: January 27, 2020

ORDER

The claim of entitlement to payment or reimbursement for the cost of medical services received at Onslow Memorial Hospital on December 5, 2014, is dismissed.

FINDING OF FACT

In August 2019, prior to the promulgation of a decision in the current appeal, the Veteran requested that the claim for entitlement to payment or reimbursement for the cost of medical services received at Onslow Memorial Hospital on December 5, 2014, be withdrawn from appellate review.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for entitlement to payment or reimbursement for the cost of medical services received at Onslow Memorial Hospital on December 5, 2014, by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1999 to September 2012.

Entitlement to payment or reimbursement for the cost of medical services received at Onslow Memorial Hospital on December 5, 2014

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 that fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In a statement submitted in August 2019, the Veteran requested that his claim be withdrawn.  Thus, there are no allegations of error of fact or law for appellate consideration on the issue of entitlement to payment or reimbursement for the cost of medical services received at Onslow Memorial Hospital on December 5, 2014.  Accordingly, the Board does not have jurisdiction to consider an appeal in this matter and it is dismissed.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Scott Shoreman, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.