Citation Nr: 25004044
Decision Date: 03/25/25	Archive Date: 03/25/25

DOCKET NO. 21-00 842
DATE: March 25, 2025

ORDER

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for non-Hodgkin's lymphoma dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Veteran's representative submitted a July 2024 statement indicating the Veteran's desire to withdraw the claims of entitlement to service connection for hypertension and non-Hodgkin's lymphoma.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of service connection for hypertension are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of the appeal of service connection for non-Hodgkin's lymphoma are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from March 1983 to March 1988.

This appeal is before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). 

The Board notes, in the October 2021 VA Form-9, the Veteran requested a Board hearing; however, in the July 15, 2024, statement of withdrawal, the Veteran withdrew his Board hearing request.

The Board also must address a procedural matter, in the July 15, 2024, statement of withdrawal. The Veteran's representative indicated the Veteran's desire to withdraw the claims of service connection for kidney cancer, post-traumatic stress disorder, depression, and bipolar disorder. However, those claims were awarded service connection by the RO in August 2021 and June 2023 rating decisions. Moreover, the claims of service connection were not included in the August 2023 VA Form-8 and thus not certified to the Board since the full award on appeal, i.e., service connection, was already awarded for each claim. Accordingly, as they are not before the Board, they will not be addressed in this decision. 

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As to the remaining two claims, 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 an authorized representative. Id. In the present case, the Veteran's authorized representative submitted a July 15, 2024, statement to the Board requesting withdrawal of the appeals of service connection for hypertension and non-Hodgkin's Lymphoma. The Board finds the statement represents sufficient indication of the Veteran's desire to withdraw his appeals. Hence, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the claims are dismissed.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Masters, Tyler

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.