Citation Nr: 21071532
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 17-04 742A
DATE: November 30, 2021

ORDER

Entitlement to medical reimbursement for an emergency room visit on July 11, 2016 at Gundersen Lutheran Medical Center has been withdrawn. 

FINDING OF FACT

In November 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted a written document withdrawing this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to medical reimbursement for an emergency room visit on July 11, 2016 at Gundersen Lutheran Medical Center have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from February 1980 to April 1985.  

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. 

In the present case, in a November 2021 written statement, the Veteran expressed that she wished to withdraw her pending BVA appeal. This document included the Veteran's name, signature and claims folder number and thus fully complies with 38 C.F.R. § 20.205(b). See Hembree v. Wilkie, 33 Vet. App. 1 (2020). 

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In light of the Veteran's withdrawal of the appeal, there remains no allegation of error of fact or law for appellate consideration. Therefore, the Board does not have jurisdiction to review the claim for entitlement to medical reimbursement for an emergency room visit on July 11, 2016 at Gundersen Lutheran Medical Center which is, therefore, dismissed.  

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.S. Willie

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.