Citation Nr: 20042392
Decision Date: 06/23/20	Archive Date: 06/23/20

DOCKET NO. 18-28 519
DATE: June 23, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In correspondence received by the Board of Veterans’ Appeals (Board) in June 2019, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1955 to December 1956. 

Service Connection—Hearing Loss, Tinnitus, & Sinus Condition

The Veteran’s June 2018 VA Form 9 indicated that he wanted a videoconference hearing before the Board. In subsequent correspondence dated June 2019, the Veteran indicated that he wished to withdraw both his request for a hearing and his appeal. Accordingly, his Board hearing request is considered withdrawn. 38 C.F.R. § 20.704(e). 

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 which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. A withdrawal becomes effective when it is received by the Board. 38 C.F.R. § 20.205(b)(3). 

Here, in June 2019, the Veteran submitted correspondence indicating that he wished to withdraw his appeal from appellate review. When pending appeals are withdrawn, there is no longer an allegation of error or fact or law with respect to those issues on appeal. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d). Consequently, the Veteran’s appeal is dismissed.  

(CONTINUED ON NEXT PAGE)

The Board acknowledges that it recently learned that the Veteran died on March [REDACTED], 2020.  However, as set forth above, the Veteran clearly and expressly withdrew his appeal approximately nine months prior to his death.  

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Goreham

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.