Citation Nr: 22044544
Decision Date: 08/05/22	Archive Date: 08/05/22

DOCKET NO. 18-28 108A
DATE: August 5, 2022

ORDER

The matter of payment or reimbursement of medical expenses incurred on November 17, 2013, at Huntsville Hospital has been withdrawn.

REFERRED

Entitlement to Payment or reimbursement of medical expenses incurred in October 2019 while aboard a cruise ship was raised at a Board of Veterans' Appeals (Board) hearing on November 24, 2020, is referred to the Agency of Original Jurisdiction (AOJ) for adjudication.

FINDING OF FACT

On November 24, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran at his Board hearing, that a withdrawal of the appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 19.55, 20.202, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  

Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  An appeal may be withdrawn as to any or all issues involved in the appeal.  Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies.  38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.204.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  

The Veteran withdrew his appeal at his November 24, 2020, Board hearing.  As the Veteran's statements offered during the hearing were later reduced to writing and incorporated into the record in the form of a written transcript, the transcript of that hearing has been accepted as his withdrawal.  See 38 U.S.C.A. § 7105; Sondel v. Brown, 6 Vet. App. 218, 220 (1994); Tomlin v. Brown, 5 Vet. App. 355, 357 (1993).

The Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Connolly

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.