Citation Nr: 23012802
Decision Date: 03/02/23	Archive Date: 03/02/23

DOCKET NO. 19-02 615
DATE: March 2, 2023

ORDER

Entitlement to service connection for vision impairment is dismissed. 

FINDING OF FACT

In a January 2023 correspondence, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw all his pending appeals before the Board. 

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to service connection for vision impairment are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1966 to June 1969, with verified service in the Republic of Vietnam.  In May 2022, this appeal was remanded for a VA examination.  

The Board notes that also in the May 2022 remand, the Veteran's claims for service connection for high blood pressure, erectile dysfunction, and a balding condition were also remanded.  However, in a December 2022 VA rating decision, entitlement to service connection for androgenic alopecia (balding condition), erectile dysfunction, and hypertension (high blood pressure), were granted.  As this decision represents a full grant of the benefits sought, the Veteran's claims for service connection for androgenic alopecia (balding condition), erectile dysfunction, and hypertension (high blood pressure), are no longer before the Board.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

Withdrawal

Vision Impairment

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 authorized representative.  38 C.F.R. § 19.55.   Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation.  They must include the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn.  38 C.F.R. § 19.55; see Hembree v. Wilkie, 33 Vet. App. 1 (2020).

In a January 2023 correspondence, the Veteran notified VA of his desire to withdraw all his pending appeals before the Board that was listed in his most recent SSOC.  See January 2023 Appeals Satisfaction Notice.  The Board notes that the only remaining issue before the Board, that was listed in the Veteran's most recent SSOC, is the claim of entitlement to service connection for vision impairment. 

Based on the foregoing, the Board finds that the January 2023 correspondence, indicating the Veteran's name, file number, and intention to withdraw his pending appeal, satisfies the requirements for the withdrawal of a substantive appeal as to the claims of entitlement to service connection for vision impairment.  See Hembree, 33 Vet. App. at 6.  The withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 19.55 (b)(3).

Thus, the Board finds that the Veteran has withdrawn his appeal as to the above-mentioned claims and 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 the claim is dismissed.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Abdelbary, 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.