Citation Nr: 20062016
Decision Date: 09/21/20	Archive Date: 09/21/20

DOCKET NO. 14-42 876
DATE: September 21, 2020

ORDER

Entitlement to service connection for a duodenal ulcer is dismissed.

Entitlement to service connection for gastroesophageal reflux disease (GERD) is dismissed.

Entitlement to service connection for pneumonic lung scaring is dismissed.

FINDING OF FACT

On September 11, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of the claims of entitlement to service connection for a duodenal ulcer; entitlement to service connection for GERD; and entitlement to service connection for pneumonic lung scaring, is requested.

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the claim of entitlement to service connection for a duodenal ulcer by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of the claim of entitlement to service connection for GERD by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of the claim of entitlement to service connection for pneumonic lung scaring by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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

In the present case, the claims for entitlement to service connection for duodenal ulcer; GERD; and pneumonic lung scarring were remanded by the Board of Veterans’ Appeal (Board) on June 4, 2018. In a decision dated April 20, 2020, the Department of Veterans Affairs (VA) Regional Office (RO) Decision Review Officer (DRO) granted service connection for all claimed conditions. Resultantly, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 and it is dismissed.

 

 

Jenna Brant

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Hamm, 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.