Citation Nr: 21070074
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 14-06 678
DATE: November 22, 2021

ORDER

Entitlement to service connection for a gastrointestinal disorder is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in active duty in the United States Army from July 1986 to May 1993, including service in Kuwait. 

In June 2015 and in August 2020, the Board remanded this case for further development.

In September 2021, the Veteran withdrew his appeal. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 

An effective withdrawal of a claim on appeal must be in writing, include the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Hembree, 33 Vet. App. 5. Here, the Veteran submitted a statement in September 2021 stating that he desired to withdraw his appeal of service connection for gastrointestinal condition. The September 2021 statement contained his name, claim number, and a specific indication that he wished to withdraw the claim for service connection for gastrointestinal condition. Id. There remains no allegation of error of fact or law for appellate consideration with regard to the claim for service connection for gastrointestinal condition. See 38 C.F.R. § 19.55; Hembree, 33 Vet. App. 5-7. Thus, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Alvarado- 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.