Citation Nr: 21006511
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 13-24 274
DATE: February 4, 2021

ORDER

The petition to reopen a claim for entitlement to service connection for hypertension is dismissed.

FINDING OF FACT

In a January 18, 2021 submission, the Veteran that he was withdrawing the petition to reopen a claim for service connection for hypertension. 

CONCLUSION OF LAW

The criteria for withdrawal of the petition to reopen a claim for service connection for hypertension have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1971 to December 1974, with additional reserve and National Guard service.

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a May 2011 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).

In June 2015, June 2019, and July 2020, the Board of Veterans’ Appeals (Board) remanded the issue on appeal for additional development. 

In a January 2021 submission, the Veteran’s former attorney, J. Michael Woods, indicated that he was withdrawing from the Veteran’s case and that he no longer represented the Veteran.  The submission also indicated that the Veteran was informed of the withdraw from representation.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his/her authorized representative.  38 C.F.R. § 20.204.  

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In a January 2021 submission, the Veteran indicated that he was withdrawing the petition to reopen a claim for service connection for hypertension that was adjudicated in a September 2020 Supplemental Statement of the Case (SSOC).  This request for withdrawal of the issue on appeal meets the content, form, and timing requirements of 38 C.F.R. § 20.204(b) and is, therefore, deemed a withdrawal of the Notice of Disagreement and Substantive Appeal.  See 38 C.F.R. § 20.204(c); see also Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677. As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the petition to reopen a claim for service connection for hypertension.  Accordingly, the Board does not have jurisdiction over this issue, and the claim is dismissed.

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. M. Donahue Boushehri, 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.