Citation Nr: 21062462
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 17-46 340
DATE: October 7, 2021

ORDER

Entitlement to service connection for right kidney removal to include as due to Agent Orange exposure and/or exposure to contaminated water at Camp Lejeune, is dismissed.

FINDING OF FACT

On December 17, 2017, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of the claim for service connection for right kidney removal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of his claim for service connection for right kidney removal by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in active-duty service with the Marine Corps from July 1996 to July 1968.

This matter is on appeal from a January 2017 rating decision.

Dismissal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204 (b)(1).

In a December 17, 2017 statement from the Veteran, the Veteran requested that the claim for service connection for right kidney removal be withdrawn. 

As such, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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. 38 C.F.R. § 20.204.

Finally, the Board notes in passing that, notwithstanding the above-mentioned withdrawal, service connection for right kidney removal was later granted by the agency of original jurisdiction. 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Yang, Attorney-Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.