Citation Nr: 20030003 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 16-15 303A DATE: April 29, 2020 ORDER The issue of entitlement to special monthly compensation (SMC) based on the loss of use of the left hand, to include service connection for a left hand disability, is dismissed. The issue of entitlement to SMC based on the loss of use of the lower extremities is dismissed. FINDING OF FACT In April 2020, prior to the promulgation of a Board of Veterans’ Appeals (Board) decision, the Veteran indicated that he wished to withdraw from appellate review the issues of (A) entitlement to SMC based on the loss of use of the left hand, to include service connection for a left hand disability; and (B) entitlement to SMC based on the loss of use of the lower extremities. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal as to the issue of entitlement to SMC based on the loss of use of the left hand, to include service connection for a left hand disability are met. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.205. 2. The criteria for withdrawal of the appeal as to the issue of entitlement to SMC based on the loss of use of the lower extremities are met. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Army from September 1968 to September 1976, including service in the Republic of Vietnam. These matters come before the Board on appeal from June 2014 and March 2016 rating decisions of Department of Veterans Affairs (VA) Regional Office (ROs). Jurisdiction of the Veteran’s claims file currently resides with the Montgomery, Alabama RO. In June 2019, the Veteran testified at a Board hearing before a Veterans Law Judge. A transcript of the hearing is of record. In October 2019, the Board found that a rating reduction to 10 percent regarding a left knee disability was improper and restored the Veteran’s 20 percent rating. Additionally, the Board remanded the above-mentioned SMC issues for further development. The case has now returned to the Board for appellate review. Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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 a claimant or by his or her authorized representative.  Id.  In Acree v. O’Rourke, the United States Court of Appeals for the Federal Circuit (Federal Circuit) held that an effective claim withdrawal must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action on the part of the claimant.  891 F.3d 1009 (Fed. Cir. 2018). In the instant case, the Veteran submitted written correspondence to the Board in April 2020 indicating that he wished to withdraw from appellate consideration the issues of (A) entitlement to SMC for the loss of use of the left hand, to include service connection for a left hand disability; and (B) entitlement to SMC for the loss of use of the lower extremities. The Board finds that the Veteran’s statement reflects an explicit and unambiguous withdrawal of the identified SMC issues. Additionally, the Board finds that the Veteran has demonstrated a full understanding of the effect of such withdrawal. As a result, there remain no allegations of errors of fact or law for appellate consideration of these issues. Accordingly, the Board does not have jurisdiction over them and they are dismissed. S.C. KREMBS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N.S. Pettine, 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.