Citation Nr: 21061710
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 20-06 539
DATE: October 5, 2021

ORDER

The appeal for the issue of whether new and material evidence has been received to reopen a claim for service connection for hypertension is dismissed. 

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Veteran's representative indicated in writing that he wanted to withdraw the appeal for the issue of whether new and material evidence has been received to reopen a claim for service connection for hypertension.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his representative have been met for the issue of whether new and material evidence has been received to reopen a claim for service connection for hypertension.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1968 to March 1970.   

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision.

The Board notes that the Veteran has separately docketed appeals pending under the Appeals Modernization Act (AMA) for other issues.  The Veteran was provided a hearing on those issues in September 2021, and they will be addressed in separate Board decisions.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or his authorized representative. Id. 

In a September 2021 correspondence, the Veteran's representative indicated that the Veteran wished to withdraw his appeal for the issue of whether new and material evidence has been received to reopen a claim for service connection for hypertension.  Thus, there remain no allegations of errors of fact or law for appellate consideration concerning the issue before the Board.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. 

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.