Citation Nr: 21073006
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 18-41 077
DATE: December 7, 2021

ORDER

Entitlement to service connection for a pulmonary condition has been dismissed.

Entitlement to service connection for ischemic heart disease has been dismissed.

Entitlement to service connection for hypertension has been dismissed.

Entitlement to service connection for cirrhosis of liver has been dismissed.

FINDINGS OF FACT

1. By the submission dated December 2, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for a pulmonary condition.

2. By the submission dated December 2, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for ischemic heart disease.

3. By the submission dated December 2, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for hypertension.

4. By the submission dated December 2, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for cirrhosis of liver.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of service connection for a pulmonary condition. 38 U.S.C.§ 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of service connection for ischemic heart disease. 38 U.S.C.§ 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

3. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of service connection for hypertension. 38 U.S.C.§ 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

4. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of service connection for cirrhosis of liver. 38 U.S.C.§ 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from February 1969 to September 1970.

These matters come to the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing in December 2021. The Veteran withdrew his hearing in a December 2021 correspondence. 

Withdrawal

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. Id.

The Veteran withdrew his appeal for entitlement to service connection for a pulmonary condition, entitlement to service connection for ischemic heart disease, entitlement to service connection for hypertension, and entitlement to service connection for cirrhosis of liver by a December 2021 correspondence to the RO. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issues, the Board does not have jurisdiction over the issue, and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Adeyemi, 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.