Citation Nr: 18141674
Decision Date: 10/11/18	Archive Date: 10/11/18

DOCKET NO. 15-27 607
DATE:	October 11, 2018
ORDER
The appeal is dismissed.
FINDING OF FACT
In his February 2018 and September 2018 statements, prior to the promulgation of a Board decision, the Veteran withdrew his appeal to the Board for the claims of service connection for fractured coccyx and posttraumatic stress disorder (PTSD) and for the timeliness of an appeal for the evaluation of bilateral hammertoes.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1979 to March 1991.
The case is on appeal from a June 2013 rating decision denying service connection for a fractured coccyx and PTSD, and a decision in April 2014 finding that a notice of disagreement with respect to his ratings for bilateral hammertoes was untimely.
A Board hearing was scheduled for October 2018, but it was canceled in September 2018.
Withdrawals
1. Service connection for fractured coccyx.
2. Service connection for PTSD.
3. Timeliness of appeal for the evaluation of bilateral hammertoes.
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.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.
In February 2018, the Veteran submitted a statement.  In doing so, the Veteran stated that he wished “to withdraw the appeal” and explained why.  This was confirmed by his representative in a September 2018 telephone conversation in which he stated that he “would like to cancel the issues on appeal and cancel his scheduled BVA Hearing for October 2, 2018.”
The Board finds that the Veteran’s withdrawal of the appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The Veteran has explicitly stated his intention to discontinue his appeals at the Board in his February 2018 and September 2018 statements.
Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal these issues.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. George