Citation Nr: 21061987
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-45 965
DATE: October 6, 2021

ORDER

The appeal as to the claim of entitlement to service connection for bilateral peripheral vascular disease with carotid artery occlusion is dismissed.

The appeal as to the claim of entitlement to service connection for dysphagia is dismissed.

The appeal as to the claim of entitlement to service connection for cervical spondylosis with myelopathy is dismissed.

The appeal as to the claim of entitlement to service connection for orthostatic hypotension is dismissed.

The appeal as to the claim of entitlement to service connection for cancer of the tongue and right tonsil, also claimed as oral cavity neoplasm, is dismissed.

FINDING OF FACT

On December 2, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal as to the claim of entitlement to service connection for bilateral peripheral vascular disease with carotid artery occlusion by the appellant (or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal as to the claim of entitlement to service connection for dysphagia by the appellant (or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of an appeal as to the claim of entitlement to service connection for cervical spondylosis with myelopathy by the appellant (or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of an appeal as to the claim of entitlement to service connection for orthostatic hypotension by the appellant (or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of an appeal as to the claim of entitlement to service connection for cancer of the tongue and right tonsil, also claimed as oral cavity neoplasm, by the appellant (or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from November 1965 to August 1967.  He died in October 2019.  The appellant is the Veteran's surviving spouse who was accepted as a substitute for the purposes of processing the claims to completion.

This matter is on appeal to the Board of Veterans' Appeals (Board) from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

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 by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, on December 2, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant's authorized representative that a withdrawal of this appeal is requested.  As such, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

CAROLINE B. FLEMING

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Connor, 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.