Citation Nr: 20022090
Decision Date: 03/30/20	Archive Date: 03/30/20

DOCKET NO. 17-16 090
DATE: March 30, 2020

ORDER

Entitlement to service connection for sinus cyst is dismissed.

Entitlement to service connection deviated septum is dismissed.  

FINDING OF FACT

In March 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran was a member of the United States Marine Corps Reserve, with periods of active duty from May 2007 to August 2007, June 2008 to October 2008, and May 2009 to June 2010.  This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision by a Regional Office (RO) of the United States Department of Veterans Affairs (VA).  

The Board notes that the Veteran’s appeal originally included the issue of entitlement to service connection for bilateral hearing loss and mid back pain as well.  However, the Veteran did not submit a substantive appeal for those issues following the issuance of the February 2017 Statement of the Case, limiting his appeal to service connection for deviated septum and sinus cyst. Although the Veteran also attempted to raise the issue of service connection for insomnia in the Form 9, this issue had not included in the original appeal.  Therefore, the issues sinus cyst and deviated septum are correctly before the Board, and bilateral hearing loss and mid back pain are no longer in appellate status; further consideration of those issues is not required.  Insomnia is a separate claim.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  

Via correspondence submitted March 2020, the Veteran seeks to withdraw his appeal.  In the statement, he indicated, “I am content with my current benefits and do not require this appeal. Please cancel it.” There remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.P. Faris

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.