Citation Nr: 20007410
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 16-38 367
DATE: January 30, 2020

ORDER

The appeal seeking to reopen a claim of entitlement to service connection for squamous cell carcinoma is dismissed.  

FINDING OF FACT

In July 2019, prior to promulgation of a decision in the Veteran’s appeal seeking to reopen a claim of entitlement to service connection for squamous cell carcinoma, the Board received written notification from the Veteran that it was his intent to withdraw his appeal in the matter.

CONCLUSION OF LAW

Regarding the appeal to reopen a claim of service connection for squamous cell carcinoma, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in the matter.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from January 1970 to March 1972.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  The Veteran canceled a July 2019 videoconference hearing before a Veterans Law Judge (scheduled at his request).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

Here, in a July 2019 statement the Veteran expressed his intent to withdraw the instant appeal.  Although the statement did not specifically identify his appeal being that on an application to reopen a claim of service connection for squamous cell carcinoma, that is the only claim by him currently on appeal to the Board.  Hence, there remains no allegation of error of fact or law for appellate consideration in the matter.  Accordingly, the Board does not have jurisdiction to review the appeal in the matter, and it must be dismissed.  

 

 

George R. Senyk

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.