Citation Nr: 20006646
Decision Date: 01/28/20	Archive Date: 01/27/20

DOCKET NO. 13-18 700A
DATE: January 28, 2020

ORDER

Entitlement to payment or reimbursement of the cost of medical services received at LeConte Medical Center (LMC) in Sevierville, Tennessee on September 12, 2012 is dismissed.  

FINDING OF FACT

In February 2019, prior to the promulgation of a decision, the Board received notification from the Veteran’s representative that the Veteran wanted to withdraw his appeal for payment or reimbursement of the cost of the medical services received at LMC.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran through his authorized representative 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 December 1974 to May 1976.  

This matter is on appeal before the Board of Veterans Appeals (Board) from an October 2012 decision of the Department of Veterans Affairs Medical Center (VAMC) in Mountain Home, Tennessee.  

On his July 2013 Form 9, the Veteran requested a Board hearing at a local VA office.  That hearing was scheduled for February 25, 2019 at the Nashville Tennessee VA Regional Office (RO).  However, in a February 12, 2019 statement, the Veteran, through his authorized representative, withdrew his request for the Board hearing.

Entitlement to payment or reimbursement of the cost of medical services received at LMC on September 12, 2012 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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. § 20.205.  In the present case, the Veteran, through his/her authorized representative, withdrew the instant appeal in a February 2019 statement.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.