Citation Nr: 21042781
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 12-12 765
DATE: July 13, 2021

ORDER 

The appeal regarding entitlement to service connection for a colon disability is dismissed.

The appeal regarding entitlement to service connection for a liver disability is dismissed.

FINDING OF FACT 

In April 2021, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that he wished to withdraw the claims on appeal.

CONCLUSIONS OF LAW 

1. The criteria for withdrawal of the claim for service connection for a colon disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the claim for service connection for a liver disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from October 1966 to October 1969.  He served in Vietnam between June 1967 and June 1968.  See service personnel records.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for a colon disability and liver disability.

The Veteran requested a hearing before the Board.  See April 2012 VA Form 9.  However, in February 2013, the Veteran submitted a statement indicating he wished to withdraw his hearing request before the Board.  Accordingly, the Veteran's hearing request is withdrawn.  38 C.F.R. § 20.702(d).  In lieu of his hearing before the Board, the Veteran requested a hearing before a decision review officer.  A hearing before a decision review officer was held in February 2013.  A transcript is of record.

In August 2016 and January 2021, the Board remanded the Veteran's claims to the Agency of Original Jurisdiction (AOJ) for further action consistent with the Board's remand directives.  The claims are back before the Board for further appellate proceedings.

In April 2021, the Veteran notified VA that he wished to withdraw the claims on appeal here.  See April 2021 Veteran's correspondence.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn the claims on appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.

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

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Strickland

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.