Citation Nr: 21069988
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-39 692
DATE: November 22, 2021

ORDER

Entitlement to service connection for non-ischemic cardiomyopathy, to include as secondary to service-connected disabilities, is dismissed.

FINDING OF FACT

In March 2021 and October 2021, the Veteran stated that he wanted to withdraw his claim of service connection for non-ischemic cardiomyopathy. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal of service connection for non-ischemic cardiomyopathy have been 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 October 1985 to September 1989, and September 1995 to January 2002.

A May 2014 rating decision denied service connection for a heart condition and denied a total disability rating based on individual unemployability (TDIU). A July 2017 rating decision granted a TDIU. While the Veteran initially requested a hearing, a hearing is not required due to the request to withdraw this appeal.  

In a March 2021 fax cover sheet, the Veteran stated that he wanted to withdraw his request. In an October 2021 letter, the Veteran's representative stated that the Veteran wanted to withdraw the pending appeal due to being satisfied with the grant of a TDIU. 

The Board may dismiss any appeal which fails to allege specific errors 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 authorized representative. Id. In the present case, the Veteran has withdrawn the appeal as it relates to the claim of service connection for non-ischemic cardiomyopathy. Id. As such, there are no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal for this claim, and it is dismissed. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.