Citation Nr: 21065978
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 17-53 475
DATE: October 28, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On October 21, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that a withdrawal of this appeal for medical reimbursement for emergency services rendered by Lakewood Ranch Hospital was requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

On October 21, 2021, prior to the promulgation of a decision in this appeal, the Veteran submitted a written request to withdraw the medical expense reimbursement appeal for emergency services rendered by Lakewood Ranch Hospital.  The written request stated that, "[y]ears after opening the appeal, Bay Pines Veterans Hospital paid Lakewood Ranch Hospital for the emergency services rendered" and, therefore, the hearing "is no longer necessary."  Further, the Veteran stated that, "I am today ... officially withdrawing my appeal."    

The Veteran's written statement corresponds to the single issue on appeal before the Board and otherwise satisfies the content requirements of 38 C.F.R. § 19.55(b)(1).  As a result, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.  38 U.S.C. § 7105(d); 38 C.F.R. § 19.55.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Worsham, Attorney Advisor

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.