Citation Nr: 21068232
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 17-17 074
DATE: November 9, 2021

ORDER

The appeal as to the claim of entitlement to payment or reimbursement of medical expenses incurred at St. Lukes Magic Valley Regional Hospital and St. Lukes Clinic for the period from January 17 through January 26, 2015, is dismissed.

FINDING OF FACT

In a February 2019 statement, 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. Lukes Magic Valley Regional Hospital and St. Lukes Clinic for the period from January 17 through January 26, 2015.

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. Lukes Magic Valley Regional Hospital and St. Lukes Clinic for the period from January 17 through January 26, 2015, 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 August 1972 to June 1974.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 decision of a Department of Veterans Affairs (VA) Veterans Health Administration that denied the Veteran's claim of entitlement to payment or reimbursement of medical expenses incurred at St. Lukes Magic Valley Regional Hospital and St. Lukes Clinic for the period from January 17 through January 26, 2015.  The Veteran disagreed with the decision and subsequently perfected an appeal of the issue to the Board. 

The Board notes that in his 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 March 29, 2019; however, prior to that hearing being held, the Veteran withdrew his hearing request and his appeal.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

Here, the Veteran submitted written correspondence, received on February 12, 2019, in which he requested specifically to withdraw his appeal and his request for a Board hearing "due to resolution of financial obligations and enrollment in Medicaid insurance."  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. Lukes Magic Valley Regional Hospital and St. Lukes Clinic for the period from January 17 through January 26, 2015.  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.