Citation Nr: 20002364
Decision Date: 01/14/20	Archive Date: 01/10/20

DOCKET NO. 18-47 782
DATE: January 14, 2020

ORDER

Entitlement to an effective date earlier than January 3, 2017 for the grant of service connection for multiple sclerosis (MS) is dismissed.

FINDING OF FACT

In an October 2019 VA Form 21-4138, Statement in Support of Claim, the Veteran expressed in writing his desire to withdraw the instant appeal.

CONCLUSION OF LAW

The criteria for dismissal of the Veteran’s entitlement to an effective date earlier than January 3, 2017 for the grant of service connection for multiple sclerosis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 2000 to September 2005.

1. Entitlement to an Effective Date Earlier than January 3, 2017 for Service Connection for MS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

An October 2019 VA Form, VA Form 21-4138, Statement in Support of Claim, states that the Veteran “wishes to withdraw his appeal for [an] earlier effective date for the service-connected MS condition since the date of the claim was after the date of diagnosis.”  In light of the Veteran’s October 2019 written statement through his representative, there remain no allegations of errors of fact or law for appellate consideration. The Veteran’s request to withdraw his appeal on this issue was explicit, unambiguous, and done with a full understanding of the consequences. He clearly knew he was withdrawing his appeal. Accordingly, the Board does not have jurisdiction to review the appeal as to this issue and it is dismissed.

In dismissing the Veteran’s claims, the Board notes September 16, 2019 correspondence from the Veteran’s representative received by VA on the same date, October 2, 2019, as the Veteran’s VA Form 21-4138 expressing his desire to withdraw the claim.  The Board concludes that this correspondence does not undermine the Veteran’s withdrawal of his claims.  First, the VA Form 21-4138 was executed on October 2, 2019, more than two weeks after the September 16, 2019 correspondence.  Thus, it is a more-recent expression of the Veteran’s desire to pursue his claim than the September 16, 2019 correspondence.  Second, the VA Form 21-4138 states that the Veteran is withdrawing his claim based on the date of 

diagnosis compared to the Veteran’s date of claim.  This indicates that the Veteran was aware of the laws and regulations governing the assignment of effective dates for the assignment of effective dates for service-connected disabilities.  

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Douglas M. Humphrey, 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.