Citation Nr: 21027374
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 18-33 115
DATE: May 5, 2021

ORDER

The appeal of the claim for service connection for metastatic bone cancer, on the basis of substitution, is dismissed.

The appeal of the claim for service connection for metastatic liver cancer, on the basis of substitution, is dismissed.

The appeal of the claim for service connection for metastatic prostate cancer, on the basis of substitution, is dismissed.

FINDING OF FACT

In May 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal of the claim for entitlement to service connection for metastatic bone cancer, on the basis of substitution, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2.  The criteria for withdrawal of the appeal of the claim for entitlement to service connection for metastatic liver cancer, on the basis of substitution, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3.  The criteria for withdrawal of the appeal of the claim for entitlement to service connection for metastatic prostate cancer, on the basis of substitution, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from January 1964 to December 1967.

This appeal stems from a January 2016 rating decision.  

The Veteran died in August 2016.  The appellant is the Veteran's surviving spouse.  The Board of Veterans' Appeals (Board) notes that the appellant has appropriately been recognized as the substitute claimant in this case.  38 U.S.C. § 5121A; see February 2019 Correspondence.  Accordingly, the appellant has been substituted as the claimant for the purposes of all claims that were pending on the date of the Veteran's death.  

In May 2021, the appellant, through her representative, requested to withdraw the request for a Board hearing.  See May 2021 VA Form 21-4138 Statement in Support of Claim.  As such, the Board hearing request is considered to have been withdrawn.  See 38 C.F.R. § 20.704.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 his or her authorized representative.  Id. 

In a May 2021 statement, the appellant, through her representative, expressly withdrew all issues on appeal.  See May 2021 VA Form 21-4138 Statement in Support of Claim.  This withdrawal is in writing and has been associated with the claims file.

The appellant's request, through her representative, to withdraw all claims on appeal is clear and unambiguous.  There remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review the claims.  Accordingly, the claims of entitlement to service connection for metastatic bone, liver, and prostate cancer, on the basis of substitution, are all dismissed. 

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Cheng, 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.