Citation Nr: 21068915
Decision Date: 11/15/21	Archive Date: 11/15/21

DOCKET NO. 15-27 451
DATE: November 15, 2021

ORDER

Entitlement to service connection for B-cell chronic lymphocytic lymphoma is dismissed.

Entitlement to service connection for peripheral neuropathy of the bilateral upper and lower extremities is dismissed.

FINDINGS OF FACT

1. The appellant has withdrawn the legacy appeal as to entitlement to service connection for B-cell chronic lymphocytic lymphoma.

2. The appellant has withdrawn the legacy appeal as to entitlement to service connection for peripheral neuropathy of the bilateral upper and lower extremities.

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to service connection for B-cell chronic lymphocytic lymphoma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of entitlement to service connection for peripheral neuropathy of the bilateral upper and lower extremities have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The appellant is the surviving spouse of a veteran (the Veteran) who had active duty service from October 1961 to October 1964. The Veteran died in March 2020. The appellant has been substituted as VA claimant.  

This appeal comes before the Board of Veterans' Appeals (Board) from a March 2021 Order of the United States Court of Appeals for Veterans' Claims (Veterans Court). The appeal originated from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.

In decisions dated in November 2015 and June 2017, the Board denied these claims. The Veteran appealed both decisions to the Veterans Court. In Orders dated in March 2017 and November 2018, pursuant to Joint Motions for Remand, the Veterans Court vacated the Board's decisions and remanded the appeal to the Board. The claims were again denied in February 2020. The Veteran again appealed the Board's decision to the Veterans Court. In March 2021, the Veterans Court vacated and remanded the February 2020 Board decision on the basis of the Veteran's unacknowledged request to have the appeal adjudicated under the framework established in the Appeals Modernization Act (AMA). 

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 withdrew the appeal under the legacy appeals framework in favor an appeal under the AMA framework by request for higher-level review in October 2019. The appellant was subsequently substituted for the Veteran upon his death. The opt-in was timely with respect to the October 2019 Supplemental Statement of the Case as it was received within 60 days of the Supplemental Statement of the Case. Accordingly, the Board does not have jurisdiction to review the legacy appeal.

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. As the appeal has been withdrawn, the Board finds that dismissal is appropriate. 

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Cramp

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.