Citation Nr: 21068227
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 14-24 790A
DATE: November 9, 2021

ORDER

The appeal as to the claim of entitlement to payment or reimbursement of medical expenses incurred at St. Vincent Hospital in Santa Fe, New Mexico, on November 20, 2012, is dismissed.

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal as to the issue of entitlement to payment or reimbursement of medical expenses incurred at St. Vincent Hospital in Santa Fe, New Mexico, on November 20, 2012.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the claim of entitlement to payment or reimbursement of medical expenses incurred at St. Vincent Hospital in Santa Fe, New Mexico, on November 20, 2012, are 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 February 1977 to February 1980.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Veterans Health Administration decision denying the Veteran's claim of entitlement to payment or reimbursement of medical expenses incurred at St. Vincent Hospital in Santa Fe, New Mexico, on November 20, 2012.  The Veteran disagreed with the decision and subsequently perfected an appeal of the issue to the Board. 

The Board notes that in his July 2014 VA Form 9 (Appeal to the Board of Veteran's Appeals), the Veteran checked the box indicating his desire for a Board videoconference hearing before a Veterans Law Judge.  The Veteran was initially scheduled for a Board hearing to be held on September 13, 2021; however, prior to that hearing being held, the Veteran withdrew his hearing request and his appeal.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 a claimant or by his or her authorized representative.  Id. 

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A review of the record shows that on September 8, 2021, in response to receiving notification of his scheduled Board hearing, the Veteran informed VA that he no longer desired a Board hearing and that he wished to withdraw his appeal.  The Board notes that the only matter on appeal to the Board was that of entitlement to payment or reimbursement of medical expenses incurred at St. Vincent Hospital in Santa Fe, New Mexico, on November 20, 2012.  As no allegation of error of fact or law remain for appellate consideration regarding this matter, the Board does not have jurisdiction to review the claim, and it must be dismissed.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Neilson, 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.