Citation Nr: 21024032
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 15-24 171
DATE: April 21, 2021

ORDER

The appeal as to the issue of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for additional disability, to include perforated colon, claimed as a result of a colonoscopy at a VA facility in March 2014 is dismissed.

FINDING OF FACT

On March 2, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that he intended to withdraw his appeal as to the issue of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for additional disability, to include perforated colon, claimed as a result of a colonoscopy at a VA facility in March 2014.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for additional disability, to include perforated colon, claimed as a result of a colonoscopy at a VA facility in March 2014 been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Appeal withdrawals must include the name of the veteran, the file number, and a statement that the appeal is withdrawn. Id. Withdrawal may be made by the appellant or by his or her authorized representative. Id. 

In a March 2021 written correspondence, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement indicating that wanted to cancel his pending appeal its entirety, which include only the issue of entitlement to compensation under the provisions of U.S.C. § 1151 for additional disability, to include perforated colon, claimed as a result of a colonoscopy. The Board finds that this statement satisfies the requirements for a written withdrawal. 38 C.F.R. § 19.55; see Hembree v. Wilkie, 33 Vet. App. 1 (2020). Hence, there remain no allegations of errors of fact or law for appellate consideration on this issue. Accordingly, the Board does not have jurisdiction to review the appeal as to this issue which is dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. E. Wilkerson, 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.