Citation Nr: 21015166
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-27 983
DATE: March 16, 2021

ORDER

The claim of entitlement to service connection for heart disease (claimed as coronary artery disease) is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, in November 2020 correspondence, the Veteran (through his representative) withdrew this appeal concerning the issue of entitlement to service connection for heart disease (claimed as coronary artery disease). 

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to service connection heart disease (claimed as coronary artery disease) have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1963 to December 1975 and again from February 1980 to February 1983.

This matter comes before the Board of Veterans’ Appeals (Board) from a June 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico.

This issue was previously before the Board in July 2019 at which time it was remanded for additional development.

The claim of entitlement to service connection for heart disease (claimed as coronary artery disease) is dismissed.

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  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.  

In November 2020 correspondence, the Veteran (through his representative) indicated that he wished to withdraw “all remaining issue(s) contained in the Supplemental Statement of the Case October 28, 2020” pertaining to the issue of entitlement to service connection for heart disease.  

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 it is dismissed.  

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.