Citation Nr: 21065206
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 17-44 366
DATE: October 25, 2021

ORDER

Entitlement to service connection for chronic bronchitis is dismissed.

Entitlement to service connection for tension headaches is dismissed.

FINDINGS OF FACT

In December 2017, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's representative that a withdrawal of the appeal for the claims for entitlement to service connection for chronic bronchitis and tension headaches was requested.   

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for chronic bronchitis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.   

2. The criteria for withdrawal of entitlement to service connection for tension headaches have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 2001 through June 2001, October 2001 through October 2002, and February 2003 through December 2003.  This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by his authorized representative. 38 C.F.R. § 19.55.  In December 2017, the Veteran's representative submitted a statement that expressed an intent to withdraw the appealed issues of entitlement to service connection for chronic bronchitis and tension headaches. The Board accepts the Veteran's representative statement, on the Veteran's behalf, requesting withdrawal of the claims under appeal. There remains no allegations of errors of fact or law for appellate consideration as to these issues. Accordingly, the Board does not have jurisdiction to review the Veteran's appeal as to the issues of entitlement to service connection for chronic bronchitis and tension headaches and the claims are dismissed.   

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N.B. Mmeje, 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.