Citation Nr: 22012913
Decision Date: 03/07/22	Archive Date: 03/07/22

DOCKET NO. 17-32 500
DATE: March 7, 2022

ORDER

The appeal for service connection for rheumatic heart disease with valvular heart disease is dismissed.

The appeal for an initial compensable rating for hypertension is dismissed.

FINDING OF FACT

In January 2022, prior to the promulgation of a decision in the appeal, the Board received a notification from the Appellant, through her authorized representative, that a withdrawal of her appeal for service connection for rheumatic heart disease and an initial compensable rating for hypertension, is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for service connection for rheumatic heart disease with valvular heart disease have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for an initial compensable rating for hypertension 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 1971 to June 1974.  The Veteran passed away in July 2020.  The Appellant is his surviving spouse.  These matters are before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

1. The appeal for service connection for rheumatic heart disease with valvular heart disease is dismissed.

2. The appeal for an initial compensable rating for hypertension is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  The withdrawal may be made by the appellant or by his or her authorized representative, and it must be in writing or be made on record during a hearing.  38 C.F.R. § 19.55.

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In this case, the Appellant, through her authorized representative, cancelled the January 2022 Board hearing and withdrew the appeal on the issues of service connection for rheumatic heart disease and an initial compensable rating for hypertension by way of a correspondence received in January 2022.  See Correspondence dated January 18, 2022.  Hence, there remains no allegation of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

M. Coyne

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Jake Choi, 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.