Citation Nr: 20003655 Decision Date: 01/15/20 Archive Date: 01/15/20 DOCKET NO. 16-62 579 DATE: January 15, 2020 ORDER Entitlement to service connection for a skin disorder is dismissed. FINDING OF FACT The Veteran withdrew his claim of service connection for a skin disorder in a June 2019 written statement. CONCLUSION OF LAW The criteria for withdrawal of the issue of entitlement to service connection for a skin disorder 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 September 1966 to July 1967. This case comes before the Board of Veterans’ Appeals (Board) from an August 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In that decision, the RO, among other things, denied service connection for a skin disorder. The claimant or the claimant’s representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 20.204 (a). Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204 (b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.204 (b)(3) (2018). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement and, if filed, the substantive appeal. 38 C.F.R. § 20.204 (c). The Veteran requested a Board hearing via videoconference, which was scheduled for August 2019. In a June 2019 written statement, the Veteran withdrew his request for a Board hearing as well as his claim of service connection for a skin disorder. Specifically, the Veteran stated that he would like to cancel his “Veterans Appeal”, which is scheduled for August 2019 and that he did not want to reschedule any further appointments pertaining to this appeal. A Board determination that a claimant withdrew his or her appeal must include a “finding regarding whether [the appellant] understood the consequences of withdrawing his claims.” Acree v. O’Rourke, 891 F.3d 1009, 1015 (Fed. Cir. 2018). Generally, “withdrawal of a claim is only effective where the withdrawal 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). The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim. See Acree v. O’Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018) (“Resolution of Acree’s appeal turns on the requirements necessary for an effective oral withdrawal of a claim at a board hearing. We express no view on the criteria that must be satisfied when a veteran submits a written request to withdraw a claim.” Given that the Veteran indicated he wished to cancel the appeal, noted the hearing, and indicated that he did not want any further appointments pertaining to the appeal, the evidence reflects that he understood the consequences of the withdrawal and that the withdrawal was explicit and unambiguous as well. Consequently, the criteria for a valid withdrawal have been met. The Board may dismiss any appeal which fails to allege a specific error of fact or law. 38 U.S.C. § 7105 (d)(5) (2012); 38 C.F.R. § 20.202 (2018). There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996). Therefore, this claim is dismissed. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Frazier, Associate Attorney 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.