Citation Nr: 20008063
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 16-33 275
DATE: January 30, 2020

ORDER

The appeal of the claim of entitlement to service connection for a lung disability is dismissed.

FINDING OF FACT

In an August 2018 statement, the Veteran withdrew the pending appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal with respect to the claim of entitlement to service connection for a lung disability are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1991 to June 2011.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Newark, New Jersey.

1. Entitlement to service connection for a lung disability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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

In a statement dated August 2019, the Veteran expressed his desire to withdraw the pending appeal.  The Board finds that the statement is explicit and unambiguous.  The statement was provided with the assistance of the Veteran’s agent, reflecting that it was therefore done with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Hence, no allegations of errors of fact or law remain for appellate consideration with respect to the claim of entitlement to service connection for a lung disability, the only claim currently before the Board.  Accordingly, the Board does not have jurisdiction to review the appeal as to this matter, and it must be dismissed.

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.