Citation Nr: 21071029
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-42 737
DATE: November 29, 2021

ORDER

The claim of entitlement to service connection for fibromyalgia is dismissed.

FINDING OF FACT

On September 11, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal for entitlement to service connection for fibromyalgia was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an entitlement to service connection for fibromyalgia have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1986 to February 1989 and from August 1990 to June 1991.  

Dismissal

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   An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.  An appeal withdrawal is effective when received by the Board. 38 C.F.R. § 20.205(b)(3).  Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.205.  A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision.  Id.   

The Veteran filed a Notice of Disagreement (NOD) in September 2016 for her service connection claim for fibromyalgia.  She filed a substantiative appeal in August 2017 and requested a Board hearing.       

However, in correspondence received September 11, 2021, the Veteran stated, "I no longer wish to hold this hearing and withdraw my claim for Fibromyalgia."  See September 2021 Correspondence.  The Veteran's representative also asserted that the Veteran requested "to totally drop her claim Fibromyalgia."  See October 2021 Appellate Brief.  

A written withdrawal must include the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn.   See 38 C.F.R. § 20.205; Hembree v. Wilkie, 33 Vet. App. 1, 5 (2020).  In the present case, the Veteran and her representative submitted correspondence that included her name, claims file number and indicated her intent to withdraw her appeal.  See September 2021 Correspondence; October 2021 Appellate Brief.  

The September 2021 correspondence from the Veteran and October 2021 appellate brief requesting to withdraw the Veteran's claim for entitlement to service connection for fibromyalgia involves only the claim on appeal.   

Importantly, the withdrawal was effective immediately upon receipt by VA.   38 C.F.R. § 20.205 (b)(3).   Therefore, the Veteran has withdrawn her appeal pertaining to entitlement to service connection for fibromyalgia, hence, 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.  

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Lilly, 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.