Citation Nr: 22017635
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 19-31 401
DATE: March 25, 2022

ORDER

The appeal for the issue of entitlement to service connection for hypertension is dismissed.

The appeal for the issue of entitlement to service connection for tinea unguium (toenail fungus) is dismissed.

The appeal for the issue of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for muscle degeneration of the right arm is dismissed.

FINDING OF FACT

In February 2022, prior to the promulgation of a decision in the appeal, the Veteran reported his request to withdraw his appeal, which consists of the pending claims for entitlement to service connection for hypertension, service connection for tinea unguium (toenail fungus), and whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for muscle degeneration of the right arm.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal, with respect to the issue of entitlement to service connection for hypertension, have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal, with respect to the issue of entitlement to service connection for tinea unguium (toenail fungus, have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal, with respect to the issue of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for muscle degeneration of the right arm, have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Army from March 2003 to May 2004.

Pursuant to the Veteran's request for a hearing before the Board, he was scheduled for a Board hearing on February 9, 2022.  The Veteran failed to appear for the February 2022 hearing and, as of this date, correspondence from the Veteran does not indicate he wants the hearing to be rescheduled.  Accordingly, his request for a hearing is considered withdrawn.  38 C.F.R. § 20.603.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105(d)(5).  A substantive appeal may be withdrawn at any time before the Board promulgates a decision and must be in writing except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 19.55.

In a February 2022 written correspondence, prior to the promulgation of a decision in the appeal, the Veteran asked to "cancel [his] appeal counts on [his] benefits from VA."  In the February 2022 VA Form 27-0820 (Report of General Information), the Veteran's contact with VA was documented in writing and shows the Veteran clarified that "he's withdrawing his appeal."  As of this date, the current appeal consists of the pending claims for entitlement to service connection for hypertension, service connection for tinea unguium (toenail fungus), and whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for muscle degeneration of the right arm.  As the Veteran has withdrawn his appeal of these issues, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed.   

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Carter, 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.