Citation Nr: 21042084
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-05 458A
DATE: July 12, 2021

ORDER

Entitlement to service connection for hypertension for the purpose of accrued benefits is dismissed.

FINDING OF FACT

On January 4, 2021, 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 served on active duty from January 1970 to July 1975.  This matter was previously before the Board in January 2019, when it was remanded to the RO for additional development. 

Regrettably, during the pendency of this appeal, the Veteran died on May [REDACTED], 2020.  Given such, prior to discussing the appeal at hand, the Board would be remiss if it did not recognize his outstanding service.  The Veteran was clearly a credit to the United States Marine Corps and to his family, where he received the National Defense Service Medal, the Good Conduct Medal, and the Meritorious Unit Commission, and his service to his country is greatly appreciated.

The appellant is the Veteran's surviving spouse, having been properly substituted in this 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  Also, the appeal must include the Veteran's name, the name of the claimant, the VA file number, and a statement that the appeal is withdrawn.  However, if there are multiple issues, it must be stated that the appeal is withdrawn in its entirely or list the withdrawn issues.  See 38 C.F.R. § 19.55 (b)(1).

In the present case, the appellant, through her attorney, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Hembree v. Wilkie, 33 Vet. App. 1, 5 (2020).  Specifically, a January 4, 2021 Statement in Support of Claim was received from the appellant's attorney and signed by her.  This January 2021 statement listed the issue of entitlement to service connection for hypertension and stated, unequivocally, that the appellant was withdrawing her appeal most recently addressed in the November 2020 Supplemental Statement of the Case.  The Board finds this statement satisfies the requirements of 38 C.F.R. § 19.55(b)(1). 

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Berry, 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.