Citation Nr: 22011111
Decision Date: 02/25/22	Archive Date: 02/25/22

DOCKET NO. 14-04 144
DATE: February 25, 2022

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. On July 7, 2021, prior to the promulgation of a decision in the matters of entitlement to service for a lung condition including sarcoidosis and for a right leg mass, status post excision, including diagnosed benign cutaneous fibrocystic cytoma, the Board received notification in writing from the Veteran, through his authorized representative, that he requested that his appeals in these matters be withdrawn; there are no questions of fact or law in these matters remaining for the Board to consider.

2. On January 18, 2022, the Board was notified that the Veteran died in January 2022.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from November 1962 to November 1968.  These matters are on appeal of an August 2012 rating decision.  

In March 2014, a hearing was held before a Decision Review Officer, and in August 2017, a hearing was held before the undersigned.  

Most recently, the Board remanded the appeal for further development in December 2019.  

The denial of the Veteran's claims for service connection for a lung condition and for a right leg mass were continued in a supplemental statement of the case issued in May 2021.  On July 7, 2021, VA received an Appeals Satisfaction Notice, submitted by the Veteran's representative, requesting that his appeal of the remaining issues be withdrawn.  The statement included the Veteran's name and his VA claims file number.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.  In the present case, the Veteran, through his authorized representative, withdrew his appeal of the service connection claims, and, hence, there remained no allegations of errors of fact or law for appellate consideration.  

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Unfortunately, the Veteran died during the pendency of this appeal.  On January 18, 2022, VA was notified of his death earlier that month.  As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. J. Wells-Green

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.