Citation Nr: 20072003
Decision Date: 11/06/20	Archive Date: 11/06/20

DOCKET NO. 19-18 994
DATE: November 6, 2020

ORDER

Entitlement to service connection for chronic kidney disease, including as due to herbicide exposure, is dismissed.

The application to reopen the claim for entitlement to service connection for stomach ulcers is dismissed.

The application to reopen the claim for entitlement to service connection for right hip osteoarthritis status post right total hip arthroplasty is dismissed.

The application to reopen the claim for entitlement to service connection for left hip osteoarthritis status post left hip total hip arthroplasty is dismissed.

The application to reopen the claim for entitlement to service connection for thyroid disease, including as due to herbicide exposure, is dismissed.

FINDING OF FACT

On August 28, 2019, prior to promulgation of a decision in the appeal, the Board received written notification from the Veteran’ representative that the Veteran wished to withdraw his appeal.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for entitlement to service connection for chronic kidney disease, including as due to herbicide exposure, are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the application to reopen the claim for entitlement to service connection for stomach ulcers are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of the application to reopen the claim for entitlement to service connection for right hip osteoarthritis status post right total hip arthroplasty are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of the application to reopen the claim for entitlement to service connection for left hip osteoarthritis status post left hip total hip arthroplasty are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for dismissal of the application to reopen the claim for entitlement to service connection for thyroid disease, including as due to herbicide exposure, are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 1966 to September 1981.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia.  

This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.902(c).

The Board may dismiss an 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.  See 38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his or her authorized representative.  See id.  Here, the Veteran’s representative submitted a written withdrawal of the Veteran’s appeal on August 28, 2019 that complies with the requirements of the relevant regulation.  See Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677 (Aug. 31, 2020).  As there remain no allegations of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal and it is dismissed.  

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Snyder, 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.