Citation Nr: 20007989
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 19-25 455
DATE: January 30, 2020

ORDER

Entitlement to service connection for a cervical spine condition is dismissed.

FINDING OF FACT

In December 2019, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw his appeal for entitlement to service connection for a cervical spine condition.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to service connection for a cervical spine condition, by the Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from April 2010 to October 2016, and also served in the United States Army National Guard, to include active duty for training ( ACDUTRA ) from November 2008 to March 2009.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a December 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to service connection for a cervical spine condition is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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. § 19.55; see Anderson v. Brown, 9 Vet. App. 542, 547 (1996).

Here, in December 2019, the Veteran submitted a completed VA Form 21-4138 that memorialized his desire to “withdraw all open claims and appeals.”  The Veteran’s representative confirmed the Veteran’s intent to withdraw in a January 2020 submission, and specifically requested that the Board dismiss his appeal. The Board finds the statements to be clear and unambiguous.  As such, the Veteran has withdrawn his appeal concerning all of the above issue, and there remain no allegations of error or fact or law for appellate consideration. 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael B. Engle, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.