Citation Nr: 21012311
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 16-35 350
DATE: March 4, 2021

ORDER

The appeal of the issue of entitlement to service connection for diabetes mellitus is dismissed.

The appeal of the issue of entitlement to service connection for heart disease is dismissed.

FINDINGS OF FACT

1. In January 2021 written correspondence, the appellant withdrew the pending appeal of the claim of entitlement to service connection for diabetes mellitus.

2. In January 2021 written correspondence, the appellant withdrew the pending appeal of the claim of entitlement to service connection for heart disease.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the pending appeal of the claim of entitlement to service connection for diabetes mellitus have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of the pending appeal of the claim of entitlement to service connection for heart disease have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The appellant served on active duty in the U.S. Navy from July 1964 to October 1967.

This matter comes before the Board of Veterans’ Appeals (Board) from a January 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied entitlement to service connection for diabetes mellitus and heart disease, to include hypertensive heart disease.  The appellant filed a timely Notice of Disagreement (NOD), received in November 2015.  A Statement of the Case (SOC) was issued in May 2016.  A timely substantive appeal was received in July 2016, upon which the appellant requested a hearing before a Veterans Law Judge at a local VA office.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55(a).   

Received on January 25, 2021, was a statement from the appellant in which he requested that his current appeal be withdrawn and that his requested hearing not be scheduled as he was no longer interested in pursuing his current claim.

 

The withdrawal was in writing, included the name of the appellant, the file number, and a clear statement that the appeal was withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Thus, the criteria for a withdrawal have been met and 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 it is dismissed.

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Behlen, 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.