Citation Nr: 21064868
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 17-66 398
DATE: October 21, 2021

ORDER

The appeal of the issue of entitlement to service connection for a cervical spine disability is dismissed.

The appeal of the issue of entitlement to service connection for right upper extremity radiculopathy is dismissed.

The appeal of the issue of entitlement to service connection for left upper extremity radiculopathy is dismissed.

The appeal of the issue of entitlement to service connection for glaucoma is dismissed.

FINDINGS OF FACT

1. In July 2019 written correspondence, the appellant withdrew the pending appeal of the claim of entitlement to service connection for a cervical spine disability.

2. In July 2019 written correspondence, the appellant withdrew the pending appeal of the claim of entitlement to service connection for right upper extremity radiculopathy.

3. In July 2019 written correspondence, the appellant withdrew the pending appeal of the claim of entitlement to service connection for left upper extremity radiculopathy.

4. In July 2019 written correspondence, the appellant withdrew the pending appeal of the claim of entitlement to service connection for glaucoma.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the pending appeal of the claim of entitlement to service connection for a cervical spine disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of the pending appeal of the claim of entitlement to right upper extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

3. The criteria for withdrawal of the pending appeal of the claim of entitlement to left upper extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

4. The criteria for withdrawal of the pending appeal of the claim of entitlement to service connection for glaucoma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The appellant served on active duty in the U.S. Army from August 1976 to September 1992 and from November 2005 to January 2009.

This matter comes before the Board of Veterans' Appeals (Board) from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied entitlement to service connection for a cervical spine disability, bilateral upper extremity radiculopathy, and glaucoma.  The appellant filed a timely Notice of Disagreement (NOD), received in September 2016.  A Statement of the Case (SOC) was issued in November 2017.  A timely substantive appeal was received in December 2017.

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. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55(a).   

Received on July 12, 2019, was a statement from the appellant which stated that the appellant wished to withdraw the instant claims.

The withdrawal was in writing, included the name of the appellant, the file number, and a clear statement that the appeal was withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Thus, the criteria for a withdrawal have been met and 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.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Behlen, 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.