Citation Nr: A21017337 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 200512-87296 DATE: October 26, 2021 ORDER Entitlement to readjudication of a claim of service connection for folliculitis, resolved, is dismissed. Entitlement to service connection for cervical spine disability is dismissed. Entitlement to service connection for left upper extremity radiculopathy is dismissed. Entitlement to service connection for right upper extremity radiculopathy is dismissed. Entitlement to service connection for bronchitis, resolved, is dismissed. Entitlement to service connection for sinusitis is dismissed. FINDING OF FACT In September 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issues of entitlement to readjudication of the claim of service connection for folliculitis and entitlement to service connection for cervical spine disability, left upper extremity radiculopathy, right upper extremity radiculopathy, bronchitis, and sinusitis. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran, as to the issues of entitlement to readjudication of the claim of service connection for folliculitis and entitlement to service connection for cervical spine disability, left upper extremity radiculopathy, right upper extremity radiculopathy, bronchitis, and sinusitis, are met. 38 U.S.C. § 7105 (d); 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1966 to January 1978 and from July 1980 to April 1990. His awards include the Bronze Star Medal, Air Medal, and Army Commendation Medal. These matters come before the Board of Veterans' Appeals (Board) from November 2019, April 2020, and May 2020 rating decisions. In the November 2019 decision, the agency of original jurisdiction (AOJ) found that new and relevant evidence had been received to readjudicate a claim of service connection for sinusitis and denied the claim based on the evidence of record at the time of that decision. The AOJ also denied service connection for folliculitis, cervical spine disability, left and right upper extremity radiculopathy, and bronchitis. In December 2019, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of the November 2019 decision with respect to the denial of service connection for cervical spine disability. In March 2020, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and requested readjudication of the claim of service connection for folliculitis, which was most recently addressed in the November 2019 rating decision. In April 2020, the AOJ issued the HLR decision on appeal, which considered the evidence of record at the time of the prior November 2019 decision and denied entitlement to service connection for cervical spine disability. In May 2020, the AOJ issued the supplemental claim decision on appeal, which found that readjudication of the claim of service connection for folliculitis was not warranted because new and relevant evidence had not been received. The Veteran timely appealed the November 2019, April 2020, and May 2020 rating decisions to the Board in May 2020 and requested the Board's hearing docket. Withdrawal of Appeal The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105 (d). 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. Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. Id. In the present case, in September 2021, signed statements from the Veteran and his representative were submitted in which it was indicated that the Veteran wished to withdraw from appeal the issues of entitlement to service connection for folliculitis, cervical spine disability, left upper extremity radiculopathy, right upper extremity radiculopathy, bronchitis, and sinusitis. These signed statements constitute a valid withdrawal of the Veteran's appeal with respect to these issues, as they comply with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number and a statement that the appeal was withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020). As the Veteran has withdrawn these issues on appeal, there remains no specific determination with which the claimant disagrees. Accordingly, the Board does not have jurisdiction to review these issues on appeal, and the appeal as to these matters is dismissed. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Elwood, 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.