Citation Nr: 21071031
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 15-41 264A
DATE: November 29, 2021

ORDER

The claim for service connection for a low back condition, to include as secondary to a service-connected right hip disability, is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the instant appeal, the Board received a written request from the Veteran's attorney to withdraw the claim for service connection for a low back condition.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to service connection for a low back condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from April 2004 to January 2011.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2013 rating decision from a Regional Office (RO) for the Department of Veterans Affairs (VA). The December 2013 rating decision denied service connection for posttraumatic stress disorder (PTSD), a low back disability, and right hip tendonitis.  The Veteran submitted a timely notice of disagreement in May 2014.

In July 2015, the RO granted service connection for psychiatric and right hip disabilities. The RO simultaneously issued a statement of the case regarding the issue of service connection for lumbosacral strain with degenerative changes of the lumbar spine.

In November 2015, the Veteran's attorney submitted a VA Form 9 responsive to the July 2015 statement of the case. The RO, in a November 2015 correspondence, notified the Veteran that his November 2015 VA Form 9 did not constitute a timely substantive appeal of the July 2015 statement of the case. In an October 2020 decision, the Board determined that the November 2015 substantive appeal was timely as to the July 2015 statement of the case. 

Entitlement to service connection for a low back condition, to include as secondary to a service-connected right hip disability 

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed, and an appeal may be withdrawn by the appellant or by his or her authorized representative as to any or all issues involved in the appeal at any time before the Board promulgates a decision. See 38 U.S.C. § 7105; 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, in a letter dated October 12, 2021, the Veteran's attorney stated: "[The Veteran] hereby withdraws the claim for his low back that is set to be discussed at his upcoming October 26, 2021 virtual hearing before the Board, and asks that the hearing be canceled." This communication includes the Veteran's name and applicable file number, and it also specifies that the low back issue is being withdrawn. The Board finds that Veteran has withdrawn his appeal as to the issue of entitlement to service connection for a low back condition. 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 must be dismissed.

 

 

Rebecca N. Poulson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Romero-Sanchez, 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.