Citation Nr: 21074906 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 17-52 619 DATE: December 16, 2021 ORDER Entitlement to service connection for a right knee disability is dismissed. Entitlement to service connection for a neck disability is dismissed. Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT In September 2019, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received written notification that the Veteran wanted to withdraw his appealed issues to establish service connection for right knee, neck, and acquired psychiatric disabilities. CONCLUSION OF LAW The criteria for withdrawal of a substantive appeal by the Veteran as to the issues of (1) entitlement to service connection for a right knee disability, (2) entitlement to service connection for a neck disability, and (3) entitlement to service connection for an acquired psychiatric disability, to include PTSD. 38 U.S.C. § 7105 (b) (2), (d) (5); 38 C.F.R. §§ 20.202, 20.204, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from June 19073 to June 1976. This matter comes to the Board of Veterans' Appeals (Board) from July 2016 and April 2017 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with this determination, and the present appeal ensued. 1. Entitlement to service connection for a right knee disability. 2. Entitlement to service connection for a neck disability. 3. Entitlement to service connection for an acquired psychiatric disability, to include PTSD. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.205. In the present case, in a September 2019 statement, the Veteran withdrew his appeal. In August 2021, the Veteran was notified that the Board hearing requested in connection was the present appeal had been scheduled. Later that month, he contacted the AOJ to report that he no longer wished to participate in such a hearing; however, he stated that he "would like the [a]ppeal to still move forward." Noting that this statement is inconsistent with the Veteran's September 2019 appeal withdrawal, the Court has held that appeal withdrawals must be "explicit, unambiguous, and done with a full understanding of the consequences of such action." Acree v. O'Rourke, 891 F.3d 1009, 1013-15 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Hansen v. Brown, 9 Vet. App. 29, 32 (1996) (holding the veteran validly withdrew his claim when "there [was] no indication that the veteran was misguided or lacked understanding of the consequences of his actions"). Such is the case with the Veteran's September 2019 appeal withdrawal. In this case, the August 2021 request for the appeal to "continue" does not "revive" the Veteran's appeal, as a withdrawal of a withdrawal is not allowed under either the VA regulation, 38 C.F.R. § 20.205, or the Court's jurisprudence. See Hansen, supra. Therefore, 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. SCOTT W. DALE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. Umez-Eronini, 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.