Citation Nr: 20029167 Decision Date: 04/27/20 Archive Date: 04/27/20 DOCKET NO. 17-28 899 DATE: April 27, 2020 ORDER As the claim is withdrawn, the issue of entitlement to service connection for migraine headaches is dismissed. As the claim is withdrawn, the petition to reopen a previously denied claim for entitlement to service connection for a lumbar strain and degenerative changes (back disability) is dismissed. As the claim is withdrawn, the petition to reopen a previously denied claim for entitlement to service connection for a right knee disability is dismissed. FINDINGS OF FACT 1. On April 9, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of the claim for entitlement to service connection for migraine headaches is requested. 2. On April 9, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of the petition to reopen the Veteran’s previously denied claim for entitlement to service connection for a back disability is requested. 3. On April 9, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of the petition to reopen the Veteran’s previously denied claim for entitlement to service connection for a right knee disability is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim for entitlement to service connection for migraine headaches by the appellant (or his authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the petition to reopen a previously denied claim for entitlement to service connection for a back disability by the appellant (or his authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the petition to reopen a previously denied claim for entitlement to service connection for a right knee disability by the appellant (or his authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1999 to July 2008. These matters come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. 1. Entitlement to service connection for migraine headaches is dismissed. 2. The petition to reopen a previously denied claim for entitlement to service connection for a back disability is dismissed. 3. The petition to reopen a previously denied claim for entitlement to service connection for a right knee disability is dismissed. Issues 1-3 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. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. The withdrawal must be filed with the Board and include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 20.205(b)(1)(3). 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 a veteran or by an authorized representative and must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action by the appellant. Acree v. O'Rourke, 891 F.3d 1009, 1012 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 5758 (2011); 38 C.F.R. § 20.205. In the present case, on April 9, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant via his authorized representative, addressed to the Board, that a withdrawal of the current claims was requested. See Correspondence (April 2020). Also, attached thereto, was a signed letter from the Veteran indicating that he sought to withdraw his current appeal. See BVA-General (April 2020). The withdrawal included the claimant’s name, claims file number, and signature. While the request did not specifically identify each issue requested to be withdrawn, the request is not unclear or ambiguous as it clearly reflects that the Veteran seeks to withdraw his appeal and he only has one appeal stream at this time, which pertains to the issues addressed at his Board hearing. Hence, there remain no allegations of errors of fact or law for appellate consideration in these matters. Accordingly, the Board does not have jurisdiction to review these issues and they are dismissed. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. M. Pesin 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.