Citation Nr: 21027982
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 18-06 707
DATE: May 10, 2021

ORDER

The appeal as to the claim for service connection for vision problems, to include refractive amblyopia with moderate nuclear sclerotic cataract and ocular hypertension, is dismissed.

FINDING OF FACT

In written correspondence received in April 2021, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal regarding his claim for service connection for vision loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to service connection for vision loss by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105(b)(2) (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Air Force from March 1953 to March 1957.

In October 2019, the Veteran testified before the undersigned at a Board of Veterans' Appeals (Board) videoconference hearing.  A transcript of the hearing is of record.  Later that month, the Board remanded the appeal for evidentiary development.  In January 2020, the Regional Office (RO) issued a rating decision granting service connection for eczematic dermatitis/Grover's disease, tinnitus, and right ear hearing loss.  

In an August 2020 decision, the Board granted service connection for melanoma and basal cell carcinoma and remanded the issues of entitlement to service connection for vision problems and left ear hearing loss to the RO for further development.  In a March 2021 rating decision, the RO granted service connection for left ear hearing loss.

Withdrawal and Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.

Here, in April 2021, prior to the promulgation of a Board decision with respect to this matter, the Veteran submitted multiple statements indicating he was satisfied with VA's handling of his appeal and that he wished to withdraw his remaining claim for service connection for vision loss.  The Board finds that the withdrawal satisfies the requirements for a written withdrawal.  38 C.F.R. § 20.205; see also Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that a written withdrawal request is effective where it includes the name of the veteran/claimant/appellant, the file number, and a statement that the appeal is withdrawn).  Accordingly, the Board finds that the appeal with respect to this claim has been withdrawn.  

As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claim is dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Minot, 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.