Citation Nr: 21065445
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 18-28 398A
DATE: October 26, 2021

ORDER

Entitlement to service connection for a bladder condition is dismissed. 

Entitlement to service connection for hydronephrosis is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran that he wished to withdraw his appeal; therefore, no questions of fact or law remain before the Board.

CONCLUSION OF LAW

The criteria for withdrawal of a substantive Appeal by the Veteran are met; the Board has no further jurisdiction.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the U.S. Navy from January 1978 to March 1984.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision by Department of Veterans Affairs (VA) Regional Office (RO).  In June 2017, the Veteran timely submitted a notice of disagreement (NOD) and in May 2018, the RO issued a statement of the case (SOC).  In June 2018, the Veteran submitted a substantive appeal. 

In a July 2019 decision, the Board remanded these issues for additional development, which has been substantially completed.  Stegall v. West, 11 Vet. App. 268, 271 (1998)

1. Entitlement to service connection for bladder condition is dismissed. 

2. Entitlement to service connection for hydronephrosis is dismissed.

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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.

(Continued on the next page)

 

In the present case, the Veteran, in an October 2021 statement, has withdrawn his appeal regarding the issue of service connection for bladder mass and hydronephrosis.  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.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Kaufer, 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.