Citation Nr: 18145536
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 15-26 727
DATE:	October 29, 2018
ORDER
Service connection for hypertension is dismissed.
Service connection for diverticulitis is dismissed.
Service connection for headaches is dismissed.
Service connection for a psychiatric disorder is dismissed.
FINDING OF FACT
Prior to promulgation of a decision by the Board, in correspondence dated in September 2018 the Veteran, through his attorney, withdrew his appeal for service connection for hypertension, a psychiatric disorder, headaches, and diverticulitis.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the appeal for service connection for hypertension have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
2. The criteria for withdrawal of the appeal for service connection for diverticulitis have been met.
3. The criteria for withdrawal of the appeal for service connection for headaches have been met.
4. The criteria for withdrawal of the appeal for service connection for a psychiatric disorder have been met
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from June to December 1991; from February 2003 to Feb 2004; and from December 2009 to March 2010.  
The case is on appeal from a February 2014 rating decision; which denied, in pertinent part, service connection for hypertension, diverticulitis, headaches, and “adjustment disorder with mixed anxiety and depressed mood and alcohol use disorder in partial remission”.
In his July 2015 substantive appeal (Form 9), the Veteran requested a Board hearing.  In correspondence dated in September 2018, the Veteran’s attorney withdrew that request.
Withdrawal of Appeal
Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn at any time before the Board promulgates a decision.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204(b).  Withdrawal may be made by the Veteran or his authorized representative.  38 C.F.R. § 20.204(a).
1. Service connection for hypertension
2. Service connection for diverticulitis
3. Service connection for headaches
4. Service connection for a psychiatric disorder
In correspondence dated in September 2018 the Veteran, through his attorney, requested that his appeal for service connection for hypertension, diverticulitis, headaches, and a psychiatric disorder be “cancelled”.  See correspondence from Veteran’s attorney dated September 12, 2018.  See also VA’s September 13, 2018 record of contact (a telephone call) from the Veteran’s attorney, who advised that the Veteran was cancelling his BVA hearing scheduled for September 19, 2018 and “also withdrawing his appeal.” 
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, No. 2017-1749 (Fed. Cir. May 31, 2018).
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As the appeal of these issues has been withdrawn, there consequently remains no allegation of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the pending appeal for service connection for hypertension, diverticulitis, headaches, and a psychiatric disorder and it is dismissed.  38 U.S.C. § 7105(b)(2), (d)(5).
 
John Crowley
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. Childers, Counsel