Citation Nr: 19190818
Decision Date: 12/03/19	Archive Date: 12/03/19

DOCKET NO. 14-06 222
DATE: December 3, 2019 

ORDER

The appeals for entitlement to service connection for dizziness, headaches, and double vision, are dismissed.

FINDINGS OF FACT

In a written and signed statement received in October 2019, prior to the promulgation of a Board decision, the Veteran, through his representative, indicated that he no longer wished to pursue the appeals for to service connection for dizziness, headaches, and double vision.

CONCLUSIONS OF LAW

The criteria for withdrawal of the appeals by the Veteran regarding the issues of entitlement to service connection for dizziness, headaches, and double vision have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran, who is the appellant, served on active duty in the United States Marine Corps from June 1969 to June 1972. He was awarded the Purple Heart and Combat Action Ribbon, among other decorations, for this service. These matters are before the Board of Veterans' Appeals (Board) on appeal of May 2010 and June 2013 rating decisions of the Phoenix, Arizona, Regional Office (RO) of the Department of Veterans Affairs (VA).

The appeal initially included the issues of entitlement to service connection for a cervical spine disability, lumbar spine disability, bilateral lower extremity paresthesias, and a lung disability. In December 2017, the Board remanded these issues for further development. In an April 2019 rating decision, the RO fully granted service connection for a cervical spine disability, lumbar spine disability, bilateral lower extremity paresthesias, and a lung disability. Therefore, these issues are not in appellate status, and are not before the Board because there remain no questions of law or fact as to the fully granted issues. See 38 U.S.C. § 7104 (2012) (stating that the Board decides questions of law or fact).

Next, 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.

In a written and signed statement from the Veteran's representative, received in October 2019, the Veteran withdrew the perfected appeals for service connection for dizziness, headaches, and double vision. As the Veteran has withdrawn the appeals on these issues, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals, and they are dismissed without prejudice. 38 U.S.C. § 7104 (2012).

Finally, the Board notes the Veteran has a separate appeal filed in July 2019 under the Appeals Modernization Act for entitlement to a total disability rating based on individual unemployability. This claim will be addressed in a separate rating decision. 

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Teague, Associate Counsel

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.