Citation Nr: 21030582
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 16-42 187
DATE: May 19, 2021

ORDER

Entitlement to service connection for glioblastoma (GBM) for accrued and substitution benefits purposes is dismissed.

Entitlement to service connection for bilateral hearing loss for accrued and substitution benefits purposes is dismissed.

FINDING OF FACT

In September 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her attorney, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant through her attorney have been met.  38 U.S.C. § 7105; 38 C.F.R. § § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from May 1968 to December 1969.  He died in September 2013 and appellant is his surviving spouse.  

The Board initially notes that in its previous November 2018 decision that granted service connection for the cause of the Veteran's death, the Board did not address April 2018 correspondence in which the Veteran's attorney advised the Board that the appellant had withdrawn her claims for service connection for accrued benefits purposes.  As a result, in the remand portion of the decision, the Board directed that action be taken to also have appellant recognized as the claimant in this matter for substitution purposes and such action was then taken and the claims were again denied in a supplemental statement of the case issued in July 2019.  Thereafter, in September 2019, the appellant's attorney reiterated the appellant's desire to withdraw the claims for service connection in every respect.  

The Board further notes that in February 2020, the appellant's attorney provided good cause for his motion to withdraw as the appellant's attorney in this matter, and this decision will serve as the notice of the granting of his motion.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant through her attorney has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  

Accordingly, based on all of the foregoing, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. DeBoer, 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.