Citation Nr: 21076699
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 19-18 339
DATE: December 27, 2021

ORDER

Entitlement to service connection for gastroesophageal reflux disease (GRED) is dismissed.

FINDING OF FACT

On December 3, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from October 2008 to March 2012.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2016 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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, through his attorney, withdrew his appeal for entitlement to service connection for GERD 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 This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet.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 issue, 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	A.J. Kim, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.