Citation Nr: 21040985
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 18-30 592
DATE: July 7, 2021

ORDER

As the appeal for service connection for alcohol abuse has been withdrawn, the appeal as to this issue is dismissed.

FINDING OF FACT

On February 8, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that he wished to withdraw from appeal the issue of service connection for alcohol abuse.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the claim for service connection for alcohol abuse have been 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 in the United States Army from November 1984 to March 1998.  

This appeal to the Board of Veterans' Appeals (Board) arose from a February 2016 decision by a Department of Veterans Affairs (VA) Regional Office (RO) in which the RO, inter alia, denied service connection for alcohol abuse.  The appellant disagreed with that denial and perfected an appeal to the Board.

The Board notes that on his VA Form 9, the Veteran requested a Board videoconference hearing before a Veterans Law Judge.  The Veteran was scheduled for a virtual hearing to be held on February 8, 2021; however, on the day of scheduled hearing, the Board received information that the Veteran wished to cancel his hearing and withdraw his appeal. 

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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. 

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In this case, the Veteran submitted a written statement on February 8, 2021, stating that he wished to withdraw his appeal as to the claim for service connection for alcohol abuse.  The withdrawal was in writing, included the name of the appellant, the file number, and a clear statement that the appeal was withdrawn.  Thus, the criteria for a withdrawal have been met.  Hembree v. Wilkie, 33 Vet. App. 1 (2020). As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Neilson, 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.