Citation Nr: A25058905
Decision Date: 07/09/25	Archive Date: 07/09/25

DOCKET NO. 210625-169559
DATE: July 9, 2025

ORDER

Entitlement to service connection for a heart condition for the purpose of entitlement to accrued benefits only, is dismissed.

FINDING OF FACT

The Appellant, through her authorized representative, submitted February 2025, Third Party Correspondence, requesting the withdrawal of all pending claims at the Board of Veterans' Appeals.  

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for a heart condition (for the purpose of entitlement to accrued benefits only) 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 for training in the Army from March 1977 to June 1977.  He also served on active duty in the Army from March 1978 to August 1980.  The Veteran had additional service with the Missouri Army National Guard.

In December 2012, the Veteran died, and the Appellant is his surviving spouse and has been recognized as the substitute claimant for active claims pending at the time of the Veteran's death.  See Board of Veterans' Appeals (Board) decision (May 2021). 

This matter is before the Board on appeal from a June 2013 rating decision issued by the Department of Veterans Affairs (VA), Regional Office (RO), that denied entitlement to service connection for a heart condition for purposes of accrued benefits.  The Appellant submitted a June 2021 VA Form 10182, Notice of Disagreement, and selected the Hearing docket.  In January 2021 and March 2023, the Appellant appeared at a Board hearing and the transcript is attached to the Veteran's file.  

This matter was previously before the Board in August 2021, and the Board remanded the issue for further development.  In August 2023, the Board granted service connection for cause of death.  

Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or an authorized representative.  Id.  

Entitlement to service connection for a heart condition for the purpose of entitlement to accrued benefits only.

First, the Board extends its deepest sympathy and condolence to the Appellant and thanks her for her support as he served the United States of America.

In the present case, the Appellant's authorized representative submitted written withdrawal of all pending claims at the Board, including this matter, in February 2025, Third Party Correspondence.  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.

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Raborn, S.

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.