Citation Nr: 21067227
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 19-25 229
DATE: November 3, 2021

ORDER

Entitlement to service connection for diabetes mellitus type II is dismissed.

Entitlement to service connection for heart disease is dismissed.

FINDING OF FACT

In July 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an 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 Veteran had active duty service from February 2003 to June 2004.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran initially requested a videoconference hearing on his August 2019 Form 9. The hearing was scheduled for November 10, 2021. However, the Veteran has withdrawn his appeals and the scheduled hearing will be considered to be canceled.

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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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the Veteran and his representative each submitted a statement in July 2020 stating that the Veteran was satisfied with the decisions provided by the June 2020 Supplemental Statement of the Case and that he has withdrawn this appeal. Hence, there remain no allegations of errors of fact or law for appellate consideration. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal before the Board was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.