Citation Nr: 21010133
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 19-22 260A
DATE: February 24, 2021

ORDER

The claim for service connection for heart disability is dismissed

The claim for service connection for asthma is dismissed.

The claim for service connection for eye disability is dismissed.

The claim for whether an earlier effective date for service connection for major neurocognitive disorder is warranted, is dismissed.

FINDING OF FACT

In January 2021, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw all issues on appeal. 

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

Withdrawal

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202, 20.204, 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205.

The Veteran, through his representative, submitted typed notification to VA in January 2021 requesting a withdrawal of all issues on appeal.  See January 12, 2021 correspondence.  Hence, there remains no allegations of error of fact or law for appellate consideration

Accordingly, the Board does not have jurisdiction to review the issues on appeal, and they are dismissed. 

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Talamantes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.