Citation Nr: A25035470
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 221019-287162
DATE: April 17, 2025

ORDER

The issue of entitlement to an increased evaluation for bladder cancer prior to May 1, 2021 is dismissed.

FINDING OF FACT

In January 2025, prior to the promulgation of any decision regarding the instant appeal, VA received notification from the Veteran that he requested withdrawal of the appeal in its entirety.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to increased evaluation for bladder cancer prior to May 1, 2021 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1969 to December 1971.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2022 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In an October 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. 

After receipt of the VA Form 10182, the Board scheduled the Veteran for a hearing to be held on November 18, 2024. See August 2024 Board Letter. Prior to that hearing, however, the Veteran requested postponement of the hearing as he was hospitalized with severe health issues. See November 2024 Veteran Statement. The Board granted the request to postpone and subsequently rescheduled the hearing for February 28, 2025. See November 2024 Board Letters. Prior to the rescheduled hearing, the Veteran requested that the Board cancel the hearing. See January 2025 Veteran Statement. Thus, the hearing was canceled and no hearing on the matter on appeal has been held. The Veteran now seeks to withdraw his October 2022 Board appeal. See id.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c). See 38 U.S.C. § 7107(b)(1).

In an October 2022 VA Form 10182, the Veteran sought Board review of the September 2022 agency of original jurisdiction (AOJ) rating decision that granted increased staged evaluations for the Veteran's bladder cancer. See October 2022 VA Form 10182. Specifically, the Veteran appealed the bladder cancer evaluation prior to May 1, 2021. See id. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board of Veterans' Appeals (Board) promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by an appellant or by his or her authorized representative. Id.

To validly withdraw an appeal, the appellant's communication must include the name of the appellant, the applicable VA claims file number, and an indication that the appeal is withdrawn. 38 C.F.R. § 20.205. If the appeal involves multiple issues, the communication must also identify the specific issues to be withdrawn or specify that the appeal is withdrawn in its entirety. Id.; see also Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020).

In a January 2025 correspondence, the Veteran identified himself by name and claims file number and reported that he wished to withdraw the pending Board appeal for an increased evaluation for bladder cancer. See January 2025 Veteran Statement. He further requested cancellation of the Board hearing related to the appeal that was set for February 28, 2025. See id. The Veteran also provided his mailing address, phone number, date of birth, and social security number in the communication. See id. Each of the identifiers provided match the information VA has on file for the Veteran. Based on the foregoing, the Board finds that the January 2025 correspondence meets the criteria for appeal withdrawal. See 38 C.F.R. § 20.205. Thus, there remains no allegation of error of fact or law for appellate consideration regarding the issue of entitlement to an increased evaluation for bladder cancer prior to May 1, 2021. Accordingly, the Board does not have jurisdiction to review this issue on appeal, and the appeal is dismissed in its entirety. See 38 U.S.C. § 7105(d).

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C.Z. Noh

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.