Citation Nr: 21011395
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 18-12 412
DATE: March 1, 2021

ORDER

Entitlement to medical reimbursement for November 2016 private inpatient treatment is dismissed.

FINDING OF FACT

Prior to promulgation of a decision in the appeal, in February 2021 correspondence, the Veteran withdrew his appeal for entitlement to medical reimbursement for November 2016 private inpatient treatment.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to medical reimbursement for November 2016 private inpatient treatment by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 2003 to July 2007; and from May 2010 to July 2011.  In December 2020, the Veteran testified at a Virtual Hearing before the undersigned Veterans Law Judge. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal from an administrative decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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

In February 2021 correspondence, the Veteran knowingly withdrew his appeal as to the issue of entitlement to medical reimbursement for November 2016 private inpatient treatment.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and this issue is dismissed.

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. McPhaull, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.