Citation Nr: 21062674
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 18-47 363
DATE: October 8, 2021

ORDER

Service connection for peripheral neuropathy of the left lower extremity is dismissed.

Service connection for peripheral neuropathy of the right lower extremity is dismissed.

FINDINGS OF FACT

In correspondence dated in October 2021, prior to the promulgation of an appellate decision, the Veteran stated that he wished to withdraw claim for service connection for peripheral neuropathy of the left lower extremity and service connection for peripheral neuropathy of the right lower extremity. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the issue of service connection for peripheral neuropathy of the left lower extremity by the Veteran have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 20.205 (2021).

2. The criteria for withdrawal of the issue of service connection for peripheral neuropathy of the right lower extremity by the Veteran have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 20.205 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served honorably on active duty in the United States Navy from June 1969 to October 1970.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205.

Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing.  38 C.F.R. § 20.205(b)(1).  A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board.  38 C.F.R. § 20.205(b)(3).  Withdrawal of a claim constitutes a withdrawal of the notice of disagreement (NOD) and, if filed, the substantive appeal.  38 C.F.R. § 20.205(c).  There is no obligation to proceed with further adjudication following withdrawal.  Hanson v. Brown, 9 Vet. App. 29 (1996).

In the present case, the Veteran, through his representative, submitted a letter in October 2021 stating he was wished to withdraw his appeal.  The letter included the Veteran's name, file number, and a statement that the appeal was withdrawn.  Accordingly, the Veteran's withdrawal is in compliance with 38 C.F.R. § 20.205(b)(1). 

 

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed.  Consequently, dismissal of the issues is the appropriate disposition.  See 38 U.S.C. § 7105(d).  

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Gandhi, 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.