Citation Nr: 22014446
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 19-02 951
DATE: March 12, 2022

ORDER

The appeal concerning entitlement to payment for non-VA emergency medical services provided to the Veteran in April 2018 is dismissed.

FINDING OF FACT

In January 2022, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant requesting withdrawal of this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a decision by a Department of Veterans Affairs Medical Center (VAMC). 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 sent a letter to the Board stating that, with regard to his scheduled hearing in April 2022, he would like to withdraw his appeal.  There being only one currently active appeal, and it involving only one issue, there is no ambiguity as to what issue he wishes to withdraw.  The written correspondence referenced the Veteran's claim number and included his signature, and thus meets the content requirements for withdrawal of an appeal from the legacy review framework.  See 38 C.F.R. § 19.55(a)(1).  Hence, the filing is deemed a withdrawal of the notice of disagreement and the substantive appeal.  See 38 C.F.R. § 19.55(c).  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Solomon, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.