Citation Nr: 21071964
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 19-13 704
DATE: December 1, 2021

ORDER

The appeal of the denial of service connection for colitis is DISMISSED.

The appeal of the denial of service connection for migraines is DISMISSED.

The appeal of the denial of service connection for a neck disability is DISMISSED.

FINDING OF FACT

In an August 4, 2021, correspondence, the Veteran requested to withdraw his claims for entitlement to service connection for migraines, colitis, and a neck disability.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for entitlement to service connection for migraines are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal for entitlement to service connection for colitis are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of an appeal for entitlement to service connection for a neck disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from July 1967 to July 1969.

These matters come to the Board of Veterans' Appeals (Board) from two rating decisions issued by the Agency of Original Jurisdiction (AOJ): the first rating decision was issued in December 2015; the second, in July 2016. A Board hearing was scheduled to occur on August 19, 2021. Before the Board hearing was held, the Veteran informed the VA he desired to withdraw his appeals. 

Entitlement to service connection for colitis, migraines, and a neck disability. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. 

Here, the Veteran's clearly expressed his desire to withdraw the appeals for entitlement to service-connection migraines, colitis, and a neck disability. See August 2021 Statement in Support of Claim. As the Veteran has knowingly and voluntarily withdrawn the issues on appeal, there remain no allegations of fact or law for the Board to decide. Accordingly, the Board does not have jurisdiction to review his appeals and they are dismissed.

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dean, Michael S.

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.