Citation Nr: 21063309
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 18-00 976
DATE: October 13, 2021

ORDER

The appeal involving entitlement to service connection for a low back disability is dismissed.

FINDING OF FACT

In July 2018, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran requesting withdrawal of his pending Board appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal involving entitlement to service connection for a low back disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on periods of active duty for training and inactive duty for training in the United States Marine Corps Reserve. This matter comes before the Board from a February 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

In a December 2017 VA Form 9, the Veteran requested a Board hearing on the issue adjudicated in the November 2017 Statement of the Case, namely entitlement to service connection for a low back disability. However, the Veteran subsequently submitted a written and signed statement in July 2018 stating that he wished to withdraw his appeal pending before the Board concerning service connection for a low back disability, and that withdraw was effective upon receipt. See Hembree v. Wilkie, 33 Vet. App. 1 (2020); 38 C.F.R. §§ 19.55, 20.704(e); July 2018 VA Form 21-4138, Statement in Support of Claim. The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.  Here, there remain no allegations of error of fact or law for appellate consideration, and the appeal is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.  In this regard, as the Veteran's withdrawal was effective in July 2018, his September 2021 legacy Board hearing was scheduled in error and cancelled.

The Board notes that an April 2021 rating decision adjudicated the Veteran's March 2021 Supplemental Claim and denied service connection for a low back disability. The instant dismissal does not affect the claim initiated by the March 2021 Supplemental Claim under the Appeals Modernization Act. The Veteran is invited to work with his representative to appeal the April 2021 rating decision on the appropriate VA form, should he disagree with that determination.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. deBruyn, 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.