Citation Nr: 21073567
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 18-34 170
DATE: December 9, 2021

ORDER

Service connection for a lung disorder is dismissed. 

 

FINDING OF FACT

In November 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal of service connection for a lung disorder.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of service connection for a lung disorder 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 June 1984 to November 1989. 

The case is on appeal from a December 2017 rating decision. 

In a December 2018 VA Form 9, the Veteran elected a live videoconference hearing with a Veterans Law Judge.  The Veteran was scheduled for a Board hearing in October 2021.  In October 2021, the Veteran's representative VSO indicated that the Veteran would like to withdraw his hearing request.  See also November 16, 2021 statement in support of claim. 

Service connection for a lung disorder. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran, appellant, or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55(b)(3). 

In November 2021, the Veteran filed a VA From 21-4138 indicating that he would like to withdraw his appeal regarding his claim of service connection for a lung disorder.    

The Board finds that the Veteran's withdrawal of the issue on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  In this regard, the November 2021 statement is a recordation of an express statement that the Veteran no longer wants to pursue any further the claimed issue on appeal before the Board. 

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this particular appeal.  Accordingly, the issue of whether service connection for a lung disorder is warranted is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	William Pagan, 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.