Citation Nr: 21001604
Decision Date: 01/11/21	Archive Date: 01/11/21

DOCKET NO. 17-33 450
DATE: January 11, 2021

ORDER

Entitlement to service connection for a heart disability is dismissed.

FINDING OF FACT

In January 2021 written correspondence, the Veteran’s representative explicitly and unambiguously withdrew the appeal of entitlement to service connection for a heart disability.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for a heart disability have been met. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 19.22, 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1973 to July 1977.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision by the Department of Veterans Affairs (VA).

After the Veteran filed his substantive appeal (VA Form 9), the issue of entitlement to service connection for posttraumatic stress disorder (PTSD) was granted. See September 2019 rating decision. Because the decision is considered a full grant of the benefit sought, that issue is not on appeal.

Entitlement to service connection for a heart disability.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. The withdrawal of an appeal must be either in writing or on the record at a hearing. Id. Withdrawal can be by the Veteran or by his representative. Id.

In January 2021 written correspondence, the Veteran’s representative explicitly and unambiguously withdrew his appeal of entitlement to service connection for a heart disability. Previously, in June 2020, the Veteran verbally requested to have his appeal withdrawn and stated he would submit his request in writing. See June 2020 Report of General Information. The Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to this issue. Accordingly, as the Board has no further jurisdiction to review an appeal on this matter, it is dismissed. 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.