Citation Nr: A21017273
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 190623-14973
DATE: October 26, 2021

ORDER

The appeal seeking service connection for amyotrophic lateral sclerosis (ALS) is dismissed.

FINDING OF FACT

In November 2019, prior to the promulgation of a decision in the appeal, the Veteran' representative notified VA of the Veteran's desire to withdraw his claim for service connection for ALS; he died in July 2020.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1979 to August 1982 in the U.S. Navy. Unfortunately, the Veteran died in July 2020. The rating decision on appeal was issued in May 2019 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Such withdrawals are effective upon receipt. 38 C.F.R. § 20.205(b)(3). Withdrawal may be made by the veteran or by his or her authorized representative. 38 C.F.R. § 20.205. 

In the present case, the Veteran's representative withdrew this appeal in November 2019 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. Although the Veteran subsequently died, his claim was effectively withdrawn prior to his death such that no controversy remained. Accordingly, the appeal is dismissed. 38 U.S.C. § 7105. 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.