Citation Nr: 21022568
Decision Date: 04/16/21	Archive Date: 04/16/21

DOCKET NO. 15-20 970
DATE: April 16, 2021

ORDER

The appeal is dismissed. 

FINDING OF FACT

On January 6, 2019, the Board received correspondence from the Veteran that he wished to withdraw of his appeal for denial of payment for cost of unauthorized medical expenses from November 5, 2013 and November 8, 2013 at Cortland Regional Medical Hospital. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for denial of payment for cost of unauthorized medical expenses from November 5, 2013 and November 8, 2013 at Cortland Regional Medical Hospital by the appellant are 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 July 1963 to June 1967. This matter comes before the Board of Veterans’ Appeal (Board) on appeal from a November 2013 rating decision. 

The appeal for medical expense reimbursement is withdrawn. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55(a). Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b). 

In this case, the Veteran submitted a written statement containing his name and Social Security and VA file number that was received by the RO and entered into the claims file on January 6, 2019.  The Veteran stated, “I …wish to withdraw my appeal for the following: “Denial of Payment of the cost of Unauthorized Medical Expenses”. See VA 21-4138 Statement in Support of Claim received 1/06/2019. 

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Based on this statement, the Board finds that the Veteran has withdrawn the appeal concerning the above-noted issue, and there remain no allegations of errors of fact or law for appellate consideration on these claims. Withdrawal of the appeal included withdrawal of both the notice of disagreement and the substantive appeal in this case. See 38 C.F.R. § 19.55. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Dixon, 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.