Citation Nr: 21067465
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 16-21 173
DATE: November 4, 2021

ORDER

Whether new and material evidence has been received sufficient to reopen a claim of entitlement to service connection for an undiagnosed neurological disorder with seizures and myoclonic jerks is dismissed.

Service connection for chronic fatigue syndrome is dismissed.

Service connection for chronic joint pain of the arms, wrists, hands, and legs is dismissed.

FINDING OF FACT

In May 2017 (and confirmed in October 2021), prior to the promulgation of a Board decision, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1973 to April 1974 and from June 1980 to June 1992.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  

In the present case, an April 2016 Statement of the Case (SOC) addressed the issues on appeal and the Veteran submitted a May 2016 VA Form 9, on which he marked a box indicating that he wanted to appeal all of the issues listed on the SOC.  A May 22, 2017 letter was sent to the Veteran informing him that his appeal had been certified to the Board.  In a statement dated by the Veteran May 25, 2017, he stated "[r]eference the VA letter dated May 22, 2017, I am satisfied with my evaluation and wish to withdraw my pending appeal."  An accompanying cover page from the Veteran's representative stated that "[t]he Veteran is satisfied with his current evaluation assigned by [VA] and wishes to withdraw his appeal that is pending before the Board."  Subsequently, an October 2021 statement was received from the Veteran's representative, which stated "[t]he undersigned spoke with the Veteran on October 1, 2021 and verified his written statement dated May 25, 2017.  The Veteran is satisfied with his current evaluation and wishes to withdraw the pending appeal."

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The Board finds that the Veteran's May 2017 written withdrawal of the appeal complied with 38 C.F.R. § 19.55.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that written requests to withdraw an issue on appeal in the Legacy system are governed by 38 C.F.R. § 20.204(b) (redesignated as 38 C.F.R. § 19.55(b), effective Feb. 19, 2019)).  Moreover, the May 2017 written withdrawal was additionally confirmed by way of the October 2021 correspondence.  As such, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Hoopengardner, 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.