Citation Nr: 19129281
Decision Date: 04/15/19	Archive Date: 04/15/19

DOCKET NO. 14-38 909A
DATE:	April 15, 2019

ORDER

Entitlement to service connection for sarcoidosis, claimed as a lung disorder, is dismissed. 

Entitlement to service connection for skin rash is dismissed.

Entitlement to service connection for cutaneous squamous cell carcinoma of the left neck, post-op status, also claimed as soft tissue sarcoma, is dismissed.

Entitlement to service connection frontal temporal lobe brain damage, also claimed as neurological/behavioral problems, is dismissed.

FINDING OF FACT

On February 18, 2019, prior to the promulgation of a decision in the appeal, VA received a written request from the Veteran to withdraw his appeal.  

CONCLUSION OF LAW

The criteria for withdrawal the appeal by the Veteran have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the decision being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues of that appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or his authorized representative and will be deemed a withdrawal of the notice of disagreement and, if filed, the substantive appeal, as to all issues to which the withdrawal applies. Id. Withdrawal is effective if it is explicit, unambiguous, and done with the Veteran’s full understanding of the consequences. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).

Here, in a statement received by VA on February 18, 2019, the Veteran stated that he he wished to withdraw “all of my pending appeals/claims before the Board of Veterans’ Appeals and the VA Benefits Administration.” As he has clearly expressed unambiguous intent to withdraw this appeal, the Board finds that his statement meets the criteria for withdrawal of this appeal.  Because he has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review this appeal, and the appeal is dismissed.

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	D. Smart, Counsel