Citation Nr: 21020740
Decision Date: 04/08/21	Archive Date: 04/08/21

DOCKET NO. 15-21 144
DATE: April 8, 2021

ORDER

Service connection for right eye detached retina with choroidal neoplasm post surgical correction is dismissed.

FINDING OF FACT

In May 2019, prior to the promulgation of a decision in the appeal, the regional office (RO) of the Department of Veterans Affairs (VA) received notification from the Veteran, through his authorized representative, reflecting his wish to withdraw his claim on appeal.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1976 to May 1998. 

 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  

In the present case, the Veteran, through his authorized representative, submitted a written statement expressing his wish to withdraw the appeal for service connection for right eye detached retina with choroidal neoplasm post surgical correction.  See Statements in Support of Claim (VA Form 21-4138) received May 15, 2019.  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.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.