Citation Nr: 21077390
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 16-61 326
DATE: December 29, 2021

ORDER

The claim for service connection for bilateral hearing loss for accrued benefits and substitution purposes has been withdrawn. 

The claim for service connection for sensorimotor axonal demyelinating peripheral neuropathy of the right upper extremity for accrued benefits and substitution purposes has been withdrawn.

The claim for service connection for sensorimotor axonal demyelinating peripheral neuropathy of the left upper extremity for accrued benefits and substitution purposes has been withdrawn.

The claim for service connection for sensorimotor axonal demyelinating peripheral neuropathy of the right lower extremity for accrued benefits and substitution purposes has been withdrawn.

The claim for service connection for sensorimotor axonal demyelinating peripheral neuropathy of the left lower extremity for accrued benefits and substitution purposes has been withdrawn.

FINDING OF FACT

In a statement received in September 2021, the appellant withdrew her appeal as to all issues pending at the time of the Veteran's death. 

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for service connection for bilateral hearing loss for accrued benefits and substitution purposes have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021). 

2. The criteria for dismissal of the claim for service connection sensorimotor axonal demyelinating peripheral neuropathy of the right upper extremity for accrued benefits and substitution purposes have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021). 

3. The criteria for dismissal of the claim for service connection sensorimotor axonal demyelinating peripheral neuropathy of the left upper extremity for accrued benefits and substitution purposes have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021). 

4. The criteria for dismissal of the claim for service connection sensorimotor axonal demyelinating peripheral neuropathy of the right lower extremity for accrued benefits and substitution purposes have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021). 

5. The criteria for dismissal of the claim for service connection sensorimotor axonal demyelinating peripheral neuropathy of the left lower extremity for accrued benefits and substitution purposes have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021). 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from April 1968 to April 1970.  The Veteran died in September 2018, and the Veteran's surviving spouse submitted a valid application for substitution of the Veteran's claims pending prior to his death pursuant to 38 U.S.C. § 5121A (2012).  As such, the Veteran's surviving spouse is the appellant with respect to the matters currently on appeal.

The Board of Veterans' Appeals (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.  Id.   

In a statement received in September 2021, the appellant withdrew her appeal as to all issues that were pending at the time of the Veteran's death.  As such, the appeal is dismissed.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.205. 

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Andrew Ahlberg, 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.