Citation Nr: 20022468
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 18-14 608
DATE: April 1, 2020

ORDER

The appeal for entitlement to service connection for the Veteran’s cause of death is dismissed.

FINDING OF FACT

1. The Veteran passed away on January 1, 2017.

2. In January 2017, the Appellant filed a formal claim for service connection for the Veteran’s cause of death.

3. In correspondence received on February 12, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant, submitted by her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for cause of death have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran in this case had honorable active duty service in the United States Army from April 1968 to March 1970.  He received the Vietnam Service Medal with two bronze service stars, among other commendations.  The Appellant in this matter is the Veteran’s surviving spouse.

This matter comes before the Board of Veterans’ Appeals (Board) from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) (Notification Letter dated April 2017).

The claim of entitlement to service connection for cause of death.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 an appellant or by his or her authorized representative.

In a Personal Appearance Verification signed and received by the Board in February 2020, the Appellant indicated that she wished to “drop all appeal issues at this time.”  In an accompanying submission, the Appellant’s representative reiterated that the Appellant wished to drop all appeal issues.  See February 2020 Statement in Support of Claim.  Accordingly, the Board finds the Veteran explicitly, unambiguously, and with a full understanding of the consequences of such action, withdrew the claim listed above and, as such, the criteria for a proper withdrawal have been met.  See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

Because the Appellant has withdrawn her appeal, there remain no allegation of error of fact or law for appellate consideration.  Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.

Accordingly, the Board does not have jurisdiction to review this issue and the appeal as to the issue of entitlement to service connection for cause of death is dismissed.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Hart, 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.