Citation Nr: A21020541
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 210331-150995
DATE: December 27, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In June 2021, prior to the promulgation of a Board decision and prior to his death, the Veteran indicated that he wished to withdraw his appeal on the issues of service connection for migraine headaches and prostate cancer.

CONCLUSION OF LAW

The criteria for dismissal of the appeal for entitlement to service connection for migraine headaches and prostate cancer have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The rating decisions issued in August 2020 and January 2021 constitute initial decisions; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. See 38 C.F.R. § 3.2400(a)(1). 

In September 2020, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and requested readjudication of service connection for migraine headaches most recently addressed in an August 2020 rating decision.  In September 2020, the agency of original jurisdiction (AOJ) issued a supplemental claim decision, finding new and relevant evidence had not been received. In September 2020, the Veteran submitted a VA Form 20-0996, Request for Higher-Level Review (HLR). In February 2021, during the HLR, a development error was discovered in the September 2020 decision and the claim was assigned to the supplemental review lane. In March 2021, the AOJ issued a supplemental claim decision, finding new and relevant evidence had been received and denied the claim based on the evidence of record at the time of that decision.  

In the March 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket.  In June 2021, he withdrew the hearing request. See June 2021 VA Form 21-4138. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.800 (c).

The appeal is dismissed.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. The withdrawal may be made by the appellant or by his or her authorized representative, and it must be in writing or be made on record during a hearing. 38 C.F.R. § 20.205.

In June 2021, prior to the promulgation of a Board decision and prior to his death, the Veteran indicated that he wished to withdraw his appeal of the claims for service connection for migraine headaches and prostate cancer. See June 2021 VA Form 21-4138. Thus, the Board finds the Veteran has explicitly, unambiguously, and with a full understanding of the consequences withdrawn the appeal with respect to these issues such that there remains no allegations of error of fact or law for appellate consideration with respect to these issues. 38 U.S.C.§ 7105; 38 C.F.R. § 20.205; see Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). 

The appeal is dismissed.

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.Aoughsten, 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.