Citation Nr: 20043082 Decision Date: 06/25/20 Archive Date: 06/25/20 DOCKET NO. 17-22 485 DATE: June 25, 2020 ORDER Entitlement to service connection for pulmonary cyst, claimed as fibrous mesothelioma is dismissed. Entitlement to service connection for prostate cancer is dismissed FINDINGS OF FACT 1. The Veteran withdrew his claim for pulmonary cyst, claimed as fibrous mesothelioma in a statement dated April 2019 submitted prior to the promulgation of a decision in the appeal. 2. The Veteran withdrew his claim for prostate cancer in a statement dated April 2019 submitted prior to the promulgation of a decision in the appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to service connection for pulmonary cyst, claimed as fibrous mesothelioma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 3. The criteria for withdrawal of the issue of entitlement to service connection for prostate cancer have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty form June 1959 to June 1963 and from June 1963 to July 1970, with additional service in the Air Force Reserves. The Board of Veterans’ Appeals (Board) notes that following the March 2017 Statement of the Case (SOC) addressing four service connection claims for tinnitus, pulmonary cyst, prostate cancer, and infected prepatellar bursa (right knee disability), the Veteran perfected his appeal regarding the pulmonary cyst and prostate cancer claims only. See VA Form 9. The Veteran also requested a hearing before a Veterans Law Judge (VLJ). As such, the claims for tinnitus and right knee disability are not before the Board and will not be addressed. Withdrawal of appeal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 authorized representative. Id. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation. They must include the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 20.204 (b)(1). A Board determination that a claimant withdrew his or her appeal must include a “finding regarding whether [the appellant] understood the consequences of withdrawing his claims.” Acree v. O’Rourke, 891 F.3d 1009, 1015 (Fed. Cir. 2018). Generally, “withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). In a statement dated April 12, 2019, the Veteran indicated that he wished to withdraw his Board hearing request and his appeal. See April 2019 VA Form 21-4138. Specifically, the Veteran stated that “I am requesting to withdraw BVA hearing and all issues on appeal in regards to hearing.” Id. Withdrawal of an appeal is only effective where the withdrawal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). The Board finds that the withdrawal met, where the Veteran asserted that he wished to withdraw his hearing request “and all issues on appeal in regards to hearing.” See April 2019 VA Form 21-4138. As noted in the introduction, in the VA Form 9, the Veteran requested a hearing before a VLJ and appealed the claims for prostate cancer and pulmonary cyst conditions. In April 2019, the Veteran requested to withdraw both the hearing and his appeal of the issues for which he requested the hearing. Importantly, the withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.204 (b)(3). Therefore, the Veteran has withdrawn his appeal pertaining to service connection for pulmonary cyst and prostate cancer and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal with regard to the issues enumerated above and these issues are hereby dismissed. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Gunella Lilly, 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.