Citation Nr: 21073531
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 18-01 410
DATE: December 9, 2021

ORDER

The application to reopen the previously denied claim of entitlement to service connection for a nervous disability, also claimed as mental disability, based on receipt of new and material evidence is dismissed.

FINDING OF FACT

In written correspondence received in November 2021, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw his appeal with respect to the issue of entitlement to service connection for a nervous disability.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of entitlement to service connection for a nervous disability loss 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 in the U.S. Army from March 1954 to February 1956.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran initially requested a hearing via videoconference in his December 2017 substantive appeal (VA Form 9); however, he withdrew his request in November 2021.

Entitlement to service connection for nervous disability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

Received on November 16, 2021, was a Statement in Support of Claim signed by the Veteran.  On the form, the Veteran indicated that he now wished to cancel the Board hearing scheduled for November 17, 2021, as well as withdraw the issue on appeal.  

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The Board finds that the withdrawal was in writing, included the name of the appellant, the file number, and a clear statement that the appeal was withdrawn. 38 C.F.R. § 19.55; See Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Thus, the criteria for a withdrawal of this appeal have been met and there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

R. Behlen

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.N., 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.