Citation Nr: 21062110
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-34 255
DATE: October 6, 2021

ORDER

The appeal for entitlement to service connection for glaucoma is dismissed.  

The appeal for entitlement to service connection for gestational diabetes is dismissed.  

FINDING OF FACT

On August 20, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through her authorized representative, which indicated that a withdrawal of the issues on appeal is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and her authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

Preliminary Matters

The Veteran had honorable active duty service with the United States Army from August 1990 to April 2011.  

This matter is before the Board on appeal from a November 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Board notes that in her June 2017 substantive appeal, the Veteran requested a hearing.  Accordingly, the Veteran was scheduled for a Board hearing in  September 2021.  In August 2021, however, the RO received correspondence from the Veteran's representative indicating that the Veteran wished to withdraw both her Board hearing request and her pending appeal.  As such, the hearing request is deemed withdrawn.  

 

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, by way of an August 2021 correspondence, the Veteran, through her representative, withdrew this appeal and, hence, 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.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.