Citation Nr: 21062585
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 14-41 249
DATE: October 8, 2021

ORDER

The appeal seeking entitlement to reimbursement of unauthorized medical expenses is dismissed.

FINDING OF FACT

In August 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran indicating his intent to withdraw his appeal seeking reimbursement of unauthorized medical expenses.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to reimbursement of unauthorized medical expenses have been met.  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 September 1967 to September 1970.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2014 decisional letter by the Orlando Department of Veterans Affairs (VA) Medical Center. 

In October 2021, the Veteran appeared at a Board hearing before a Veterans Law Judge (VLJ).  

The Board notes that the appeal seeking entitlement to service connection for tinnitus is also before the Board.  However, that claim will be addressed in a separate decision.

The Board emphasizes that any appeal which fails to allege specific error of fact or law in the determination being appealed may be dismissed.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.

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In August 2018, the Veteran submitted a signed statement that he wished to withdraw his appeal seeking medical reimbursement, as that issue had already been resolved.  This statement clearly and unambiguously indicates his intent to withdrawal this issue on appeal, as he considered it "resolved."  The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim. See Acree v. O'Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018).  However, the Board has no basis to question the validity of the withdrawal or the Veteran's understanding of the consequences of withdrawing the appeal.  Cf. Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Furthermore, the Veteran confirmed at the October 2021 hearing that he had previously withdrawn this issue.  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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.