Citation Nr: 22017562
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 19-10 905
DATE: March 25, 2022

ORDER

Entitlement to service connection for malaria is dismissed.

FINDING OF FACT

In June 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran for entitlement to service connection for malaria have been met.  38 U.S.C. § 7105 (b)(2), (d)(5) (2018); 38 C.F.R. § 20.204 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Marine Corps from March 1968 to October 1969.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107 (a)(2).

Neither the Veteran nor his representative have raised any issues with the duty to notify or duty to assist.  See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board . . . to search the record and address procedural arguments when the veteran fails to raise them before the Board."); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument).

1. Entitlement to service connection for malaria

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In the present case, the Veteran has withdrawn his pending claim on appeal for entitlement to service connection for malaria.  Specifically, in a June 2021 statement, the Veteran stated his intention to have his appeal withdrawn by stating, "I would like to cancel my travel board hearing. I also will not be interested in the virtual tele-hearing. I withdraw my appeal all together." 

As the Veteran has withdrawn his appeal for this issue, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and it is dismissed. 

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Riordan, 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.